REPUBLIC v LUCKY MBUNI MAZERA [2011] KEHC 3663 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MALINDI

CRIMINAL REVISION NO. 4 OF 2011

REPUBLIC……….……………..……APPLICANT/APPLICANT

VERSUS

LUCKY MBUNI MAZERA….…….ACCUSED/RESPONDENT

RULING ON REVISION

The accused, LUCKY MBUNI MAZERA was convicted on a charge of creating a disturbance likely to cause a breach of peace under section 95 (1) (b) Penal Code. That offence attracts a maximum sentence of 6 months. Accused was sentenced to serve 8 months imprisonment – the sentence is illegal and is set aside. It is substituted with the legal sentence provided under that section which is six months imprisonment.

Delivered and dated this 3rdday of March 2011 at Malindi.

H. A. OMONDI

JUDGE