[2013] KEHC 1699 (KLR)
The court found that the sentence of 5 years imprisonment for manslaughter was not excessive given the facts of the case. The offence was serious, involving domestic violence that resulted in the death of the appellant's wife. Although the appellant was a first offender and the couple had children, the maximum...
Source-derived case information.
- Citation
- [2013] KEHC 1699 (KLR)
- Parties
- Appellant: A O O; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 98 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Manslaughter, Sentencing, Domestic Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
A O O
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 5 years imprisonment for manslaughter was excessive given the circumstances of the offence.
- 2 Whether the court should interfere with the sentence imposed by the trial court.
Ratio Decidendi
The court found that the sentence of 5 years imprisonment for manslaughter was not excessive given the facts of the case. The offence was serious, involving domestic violence that resulted in the death of the appellant's wife. Although the appellant was a first offender and the couple had children, the maximum penalty for manslaughter is life imprisonment. The trial court had properly exercised its discretion in sentencing, and there was no basis for the appellate court to interfere with the sentence imposed. The appeal against sentence was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
CRIMINAL APPEAL NO.98 OF 2011
A O O...........................................................................................................APPELLANT
VERSUS\
REPUBLIC …...........................................................................................RESPONDENT
[Being an appeal from Original Conviction and Sentence from Chief Magistrate's Court Kisumu
in
Criminal Case No.67 of 2011
***************
J U D G M E N T
The appellant was convicted of manslaughter c/s 202 and 205 of the Penal Code whose particulars were that on 25/12/10 at Underson Estate in Kisumu East District in Nyanza Province he unlawfully killed E A O. The conviction followed a trial in which the state called 7 witnesses. He testified on oath in defence. He was sentenced to serve 5 years in jail. He appealed against the conviction and sentence, but come the appeal day he abandoned the challenge against conviction.
The evidence on which the appellant was convicted was that the deceased was his wife with whom they had two children. He found her drinking in the bar with two other women and took her home. Later that night he called a neighbour to help take her to hospital. She was unconscious. She died in hospital while being treated. She died from presence of blood in a right lung. The 2nd rib on the right side was fractured. He testified that the deceased had fallen three times on her own that night. However, the court found that he had caused the injuries to her and that she had died from the injuries. The appellant is not challenging that conviction.
On sentence, the death was as a result of domestic violence. The couple had children. The appellant was a first offender. The offence was serious given that the maximum penalty was life imprisonment. I do not think that the sentence was excessive given the facts. I will not interfere with it. The consequence is that the appeal against sentence is dismissed.
Dated, signed and delivered this 18th day of October, 2013.
A. O. MUCHELULE
J U D G E