[2011] KEHC 3663 (KLR)

[2011] KEHC 3663 (KLR)

The court found that the sentence of 8 months imprisonment imposed on the accused for creating a disturbance likely to cause a breach of peace was illegal because it exceeded the statutory maximum of 6 months provided under section 95(1)(b) of the Penal Code. The court therefore set aside the illegal sentence and...

Source-derived case information.

Citation
[2011] KEHC 3663 (KLR)
Parties
Applicant: Republic; Respondent: Lucky Mbuni Mazera
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Case Number
Criminal Revision 4 of 2011
Procedural Posture
Criminal Revision / Ruling on Revision
Outcome
sentence revised; illegal sentence set aside and substituted with lawful sentence
Judges
DO Ohungo
Legal Topics
Sentencing Illegality, Breach of Peace, Criminal Revision, Penal Code Section 95
Source Language
en
Criminal Law Sentencing Illegality Breach of Peace Criminal Revision Penal Code Section 95

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Republic

Applicant

Lucky Mbuni Mazera

Respondent

Procedural Posture

Criminal Revision / Ruling on Revision

Legal Issues

  1. 1 Whether the sentence imposed on the accused exceeded the maximum allowed by law under section 95(1)(b) of the Penal Code.
  2. 2 Whether the sentence should be revised to conform to the statutory maximum.

Ratio Decidendi

The court found that the sentence of 8 months imprisonment imposed on the accused for creating a disturbance likely to cause a breach of peace was illegal because it exceeded the statutory maximum of 6 months provided under section 95(1)(b) of the Penal Code. The court therefore set aside the illegal sentence and substituted it with the lawful maximum sentence of 6 months imprisonment, in accordance with the law.

Court Disposition

sentence revised; illegal sentence set aside and substituted with lawful sentence

Orders

  • The sentence of 8 months imprisonment imposed on the accused is set aside.
  • The accused is sentenced to 6 months imprisonment as provided by law.