REPUBLIC v LUCKY MBUNI MAZERA [2011] KEHC 3663 (KLR)
- Court
- High Court of Kenya
- Case number
- 3663
- Citation
- [2011] KEHC 3663 (KLR)
- Decided
- 3 March 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal RevisionPostureAppeal from a conviction and sentenceCoramH. A. OMONDI
Holding
The sentence imposed on the accused is illegal and is set aside. The legal sentence provided under section 95 (1) (b) of the Penal Code is six months imprisonment.
Facts
The accused was convicted of creating a disturbance likely to cause a breach of peace under section 95 (1) (b) of the Penal Code and sentenced to 8 months imprisonment.
Issues
- The legality of the sentence imposed on the accused
- The maximum sentence for the offence
Reasoning
The maximum sentence for the offence is six months, and the sentence imposed on the accused is 8 months, which is illegal.
Outcome
The sentence is set aside and substituted with a six-month imprisonment.
Authorities cited
Legislation (1)
- Penal Code
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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