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 3rd day of March 2011 at Malindi. H. A. OMONDI JUDGE
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