REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CORAM: A.K NDUNG’U J. CONSTITUTIONAL PETITION NO. 98 OF 2019 WILLIAM TOTO MOGAKA...................PETITIONER VERSUS REPUBLIC through ODPP................. RESPONDENT RULING I have noted that the sentence passed was illegal as the maximum sentence for the offence is 5 years. I accordingly set aside the sentence and substitute thereof a sentence of 4 years imprisonment to run from the date of sentence by the trial court. Dated, Signed and delivered at Kisii this 18th day of February, 2020. A.K NDUNG’U JUDGE Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions for the respondent. Applicant in person.
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