[2025] KEHC 3071 (KLR)
The court found that the sentence of eight years imprisonment imposed on the applicant for the offence of creating disturbance likely to cause a breach of the peace was illegal, as the statutory maximum penalty under Section 95(1)(b) of the Penal Code is six months. The trial magistrate overlooked the law and acted...
Source-derived case information.
- Citation
- [2025] KEHC 3071 (KLR)
- Parties
- Applicant: Peter Mungai Nyokabi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E002 of 2025
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Review of Sentence
- Outcome
- application allowed; sentence reviewed; applicant to be released forthwith unless otherwise lawfully held
- Judges
- LN Mutende
- Legal Topics
- Sentencing Review, Illegal Sentence, Breach of Peace, Mitigation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mungai Nyokabi
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant exceeded the statutory maximum for the offence of creating disturbance likely to cause a breach of the peace.
- 2 Whether the trial court acted on wrong principles or overlooked material factors in sentencing.
Ratio Decidendi
The court found that the sentence of eight years imprisonment imposed on the applicant for the offence of creating disturbance likely to cause a breach of the peace was illegal, as the statutory maximum penalty under Section 95(1)(b) of the Penal Code is six months. The trial magistrate overlooked the law and acted on wrong principles by imposing a sentence far in excess of the legal maximum. The court therefore allowed the application, holding that the applicant, having already served the sentence provided for in law, should be released forthwith unless otherwise lawfully held.
Court Disposition
application allowed; sentence reviewed; applicant to be released forthwith unless otherwise lawfully held
Orders
- The application for review of sentence is allowed.
- The applicant, having served the sentence provided for in law, shall be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
24 paragraphs
Nyokabi v Republic (Criminal Miscellaneous Application E002 of 2025) [2025] KEHC 3071 (KLR) (17 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3071 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Miscellaneous Application E002 of 2025
LN Mutende, J
March 17, 2025
Between
Peter Mungai Nyokabi
Applicant
and
Republic
Respondent
Ruling
1. Peter Mungai Nyokabi, was charged with the offence of creating disturbance in a manner likely to cause a breach of the peace contrary to Section 95(1) (b) of the Penal Code. Particulars being that on the 24th day of April, 2023 at around 1800hrs at Nyumba Tatu location within Nyandarua County, he created disturbance in a manner likely to cause a breach of the peace by throwing stones at Dorcas Njoki Mungai’s house while claiming that he would burn the said house.
2. He pleaded guilty at the onset, was convicted and sentenced to serve 8 years imprisonment, on 28th April, 2023.
3. Through an application dated 21st January, 2025. The Applicant seeks to mitigate on sentence. The basis of the mitigation is that he has served sentence of two (2) years imprisonment. He was deployed to the building section where he has acquired masonry skills.
4. That he is 26 years old and he promises to be a good ambassador against alcoholic substances and drugs a factor that had him commit the offence.
5. I have considered the application and affidavit in support; and the response by the State/Respondent through learned prosecution counsel, Mr. Obutu, who has opposed vehemently review of sentence.
6. The Applicant contravened provisions of Section 95(1) (b) that enacts thus;(1)Any person who—(b)brawls or in any other manner creates a disturbance in such a manner as is likely to cause a breach of the peace,is guilty of a misdemeanour and is liable to imprisonment for six months.
7. Sentencing is the discretion of the trial court but an appellate court will interfere if the sentence is premised in wrong principles, in excessive or harsh. In Ogolla s/o Owour v Republic (1954) EACA 270 it was stated that;“The Court does not alter a sentence unless the trial Judge has acted upon wrong principles or overlooked some material factors.”
8. The sentence imposed herein was illegal as the learned trial magistrate overlooked the law. In the premises the application is allowed. The Applicant who has served the sentence provided for in law shall be released forthwith unless as otherwise lawfully held.
9. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS17TH DAY OF MARCH, 2025. ……………………L.N. MUTENDEJUDGE