“"unlawful"” — court decisions

Judgment[1984] KECA 8018 June 1984

DAVID OMUSE ODERA v REPUBLIC

Court of Appeal at KisumuGicheru summarily dismissed Omuse,JUDGE APPEALCase number Criminal Appeal 48 of 1984

Division and case type: CriminalCriminal Appeal

…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.…

3 min read

Judgment[1988] KECA 4124 April 1988

Morgan Ndungu v Republic

Court of Appeal at NakuruJUDGE APPEAL,High CourtCase number Criminal Appeal 182 of 1986

Division and case type: CriminalCriminal Appeal

…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.…

appeal allowedAllowed5 min read