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…He mentions that he had made a lawful arrest and it was necessary to first establish that his initial arrest of the complainant and his companion was unlawful or baseless.…

…It was therefore wrong to charge him with the offence of unlawful confinement as the charges which he had preferred against the complainant were not pursued or investigated.…

…Buch) charged with the offence of “being a member of unlawful society contrary to section 6(a) of the Societies Act.”…

…reasonable cause to believe that the said Mwakenya was unlawful society.…

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

…Mr Chung, the DPP contended that the separate unlawful acts of the appellant are so inter-related as to constitute a continuous taking.…

…It is common ground that at the time material to the offence the appellant was insane so as not to be responsible for the unlawful killing.…

…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”.…

…Criminal Case No 2887 of 1992 of the Chief Magistrate’s Court at Nairobi B Ochieng Esq) JUDGMENT The appellant, Layson Tembo, was convicted by the learned Chief Magistrate, Nairobi, on his own plea of guilty for offence of unlawful…

…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.…

…It is alleged that on diverse days between the month of January, 1988 up to and including 8th October, 1990, being members of an unlawful society known as Kenya Patriotic Front (KPF) jointly participated in activities which…

…were intended to further aims and objectives of the said unlawful society, namely the overthrow, by unlawful means, of the Government of Kenya as by law established.…

…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.”…

…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…

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

…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…