[2020] KEHC 159 (KLR)

[2020] KEHC 159 (KLR)

The court found that the sentence previously imposed on the appellant was illegal because it exceeded the statutory maximum of five years for the offence. Exercising its appellate jurisdiction, the court set aside the illegal sentence and substituted it with a lawful sentence of four years imprisonment, to run from...

Source-derived case information.

Citation
[2020] KEHC 159 (KLR)
Parties
Appellant: William Toto Mogaka; Respondent: Republic through ODPP
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Constitutional Petition 98 of 2019
Procedural Posture
Constitutional Petition / Ruling on Sentence Substitution
Outcome
sentence set aside and substituted with lawful sentence
Legal Topics
Sentencing Illegality, Maximum Sentence, Sentence Substitution
Source Language
en
Criminal Law Sentencing Illegality Maximum Sentence Sentence Substitution

Source-derived case record

Summary, issues, holding and outcome

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Parties

William Toto Mogaka

Appellant

Republic through ODPP

Respondent

Procedural Posture

Constitutional Petition / Ruling on Sentence Substitution

Legal Issues

  1. 1 Whether the sentence imposed exceeded the statutory maximum for the offence.
  2. 2 Whether the sentence should be set aside and substituted with a lawful sentence.

Ratio Decidendi

The court found that the sentence previously imposed on the appellant was illegal because it exceeded the statutory maximum of five years for the offence. Exercising its appellate jurisdiction, the court set aside the illegal sentence and substituted it with a lawful sentence of four years imprisonment, to run from the date of the original sentence by the trial court.

Court Disposition

sentence set aside and substituted with lawful sentence

Orders

  • The previous sentence is set aside.
  • The appellant is sentenced to four years imprisonment to run from the date of sentence by the trial court.