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…The appellant was convicted on two counts of unlawful possession of government stores contrary to section 324(2) of the Penal Code (cap 63), and on another count of unlawful possession of Part One Poison contrary to section…

…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.…

…Appellant to four years imprisonment and during the hearing of this appeal on 22nd October, 2003 the learned State Counsel was telling me that I had the option to reduce that sentence, the sentences the two had in mind were unlawful…

…The trial magistrate having imposed an unlawful sentence of four years imprisonment with hard labour plus three strokes of the cane, I am entitled to alter that sentence to impose a lawful sentence and since the lawful sentence…

…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.…

…S. 339(1) Penal Code under which the appellant was charged reads in pertinent parts: “Any person who willfully and unlawfully destroys or damages any property is guilty of an offence.…

…The law requires that destruction of the property must be willful and unlawful.…

…To this extent that sentence was unlawful and this gives us jurisdiction to deal with the matter. We therefore set aside the strokes imposed for housebreaking in Criminal Case NO 989/88.…

…On May 14, 1982 the appellant was charged before the senior resident magistrate, Meru with the offence of willfully and unlawfully damaging property contrary to section 339(1) of the Penal Code (cap 63).…

…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.…

…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…

…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.…

…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”.…

…against John Opiyo Arunga on 19th November 1991 requiring the said John Opiyo Arunga to execute a bond of Shs 20,000/- with a surety to keep peace for six months was not only against the rule of natural justice but was also unlawful…

…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.…

…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…

…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.…

…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.…