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…However, if the sentence that was imposed is unlawful or based on wrong principles the Court of Appeal will interfere.…

…He has appealed against the sentence only and he says this is because the unlawful killing was accidental as it was due to the quantity of the alcohol he had consumed; he pleaded guilty; the offence arose out of a family…

…In so far as the sentence passed on the appellant did not include an order for hard labour as required by Section 278 of the Penal Code it is unlawful.…

…In so far as the sentence passed on the appellant did not include an order for hard labour as required by Section 278 of the Penal Code it is unlawful.…

…Dr Odhiambo Olel (the appellant), who is a doctor of medicine and was at the time of his arrest employed by the Kisumu municipality, was taken before the Chief Magistrate charged with the offence of being a member of an unlawful…

…The particulars of the offence alleged that between 1977 and 20th March, 1987, the appellant was a member of an unlawful society called “Mwakenya”.…

…The appellant’s story was that although he was at the scene, they in fact arrested a person in unlawful possession of gold. They had a tip off from a small boy about this.…

…His conclusion therefore was that this assault was unlawful and relying on section 206(b) of the Penal Code he held that the said assault was carried out by the appellant with malice aforethought, the result of which was…

…The possibility therefore that the appellant killed the deceased by a sustained unlawful assault but without the intent necessary to constitute legal malice requisite to the proof of the oence of murder contrary to section…

…The sentence of 5 years’ imprisonment is maintained, but the order for corporal punishment is set aside as unlawful. That will be some help as the appellant suffers from tuberculosis. The appeals are dismissed.…

…Court of Tanzania in Mwakapesile v Republic [1965] EA 407 with which we respectively agree in which it was held that where there is a single complex of offences connected in kind and time it is undesirable although not unlawful…

…It amounts to unlawful conversion of public property to private ownership without due process contrary to Article 62(4) of the Constitution, the Land Act and the Public Procurement and Assets Disposal Act, 2015. 8.…

…Thirdly, there are serious allegations of unlawful acquisition of land belonging to Mandera Teacher Training College; land previously allocated to one Mohammed AG.…

…In our view therefore, as continuing unlawful possession of the wolfram, even if it originated with the second appellant, attached itself in law to the other conspirators.”…

…The urging and submission on the last ground of appeal was that the sentence is unlawful.…

…It is unlawful to do otherwise, of course, and unwise, too, because failure to comply with the judges’ Rules provides criminals with defences. Boyd Makintosh (ibid).…

…volition he went along with the rest of the group knowing (if the statement is to be believed) that firearms would be necessary to accomplish the purpose envisaged, which, even if not murder at its inception, was clearly an unlawful…

…However, that was a decision on common intent and it was held that the fact that the appellants were acting under orders which were obviously unlawful could not have the effect of relieving them from criminal responsibility…