Clement Mboya Mboya v Republic [2016] KEHC 166 (KLR)
- Court
- High Court of Kenya
- Case number
- 166
- Citation
- [2016] KEHC 166 (KLR)
- Decided
- 1 December 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal RevisionPostureApplicant seeks revision of sentence imposed by the trial court.CoramH.A. OMONDI
Holding
The sentence imposed by the trial court is unlawful and is hereby set aside. The lawfully provided sentence of six months imprisonment is substituted.
Facts
The applicant was convicted of creating a disturbance in a manner likely to cause a breach of the peace and sentenced to one year imprisonment.
Issues
- Whether the sentence imposed by the trial court is lawful.
- Whether the sentence is in excess of the legally provided sentence.
Reasoning
The sentence meted by the trial court was in excess of the legally provided sentence, therefore unlawful.
Outcome
The sentence is set aside and revised to six months imprisonment.
Orders
- The applicable 14 days right of appeal now runs from the date of this revision.
- This order be served on the officer in charge at the prison where the inmate is currently held.
Authorities cited
Legislation (1)
- Section 95 (1) (b) of the 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.
Loading judgment…