Case ID:171051

William Toto Mogaka v Republic through ODPP [2020]eKLR

Case Metadata

Case Number:

Constitutional Petition 98 of 2019

Parties:

William Toto Mogaka v Republic through ODPP

Date Delivered:

18 Feb 2020

Case Class:

Civil

Court:

High Court at Kisii

Case Action:

Ruling

Judge(s):

Anthony Ndung'u Kimani

Citation:

William Toto Mogaka v Republic through ODPP [2020]eKLR

Advocates:

Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions for the respondent.

Court Division:

Civil

County:

Kisii

Advocates:

Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions for the respondent.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

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

18

th

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.