[2011] KECA 376 (KLR)
The Court of Appeal held that the trial judge exercised proper discretion in sentencing the appellant to eight years imprisonment for manslaughter. The appellant's plea of guilty, youth, and personal circumstances were considered, but there was no evidence that the trial judge acted on a wrong principle or imposed a...
Source-derived case information.
- Citation
- [2011] KECA 376 (KLR)
- Parties
- Appellant: Benard Gikonyo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 161 of 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing Principles, Manslaughter, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Gikonyo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of eight years imprisonment for manslaughter was harsh and excessive.
- 2 Whether the appellate court should interfere with the trial court's discretion in sentencing.
Ratio Decidendi
The Court of Appeal held that the trial judge exercised proper discretion in sentencing the appellant to eight years imprisonment for manslaughter. The appellant's plea of guilty, youth, and personal circumstances were considered, but there was no evidence that the trial judge acted on a wrong principle or imposed a manifestly excessive sentence. The court found the sentence to be well merited and not harsh or excessive in the circumstances, and therefore declined to interfere with the sentence imposed by the High Court.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
CORAM: TUNOI, GITHINJI & NYAMU, JJ.A.
CRIMINAL APPEAL NO. 161 OF 2008
BETWEEN
BENARD GIKONYO ………..……….……….……………….….…… APPELLANT
AND
REPUBLIC …………………………..………………………………RESPONDENT
(An appeal from the conviction & sentence of the High Court of Kenya at Nakuru (Kimaru, J) dated 19th October, 2005
in
HCCR.C NO. 98 OF 2005) ***************
JUDGMENT OF THE COURT
BENARD GIKONYO, the appellant herein, was convicted on his own plea of guilty to manslaughter and sentenced to eight (8) years imprisonment by Kimaru J on 19th October, 2006.
The appellant submits before us in this appeal that the sentence imposed on him was harsh and excessive and pleads that it be reduced since he is the only child of his family.
On 28th October, 2005, at about 7. 00pm the appellant and his mother, Veronicah Wangoi, were engaged in a quarrel with the deceased, Patrick Rutto, who was cohabiting with Veronicah. The cause of the quarrel was unknown save that the three had been engaged in a drinking spree.
In the course of the quarrel, the appellant took a big stone and hit the deceased on the head causing him grave injuries to which he succumbed soon thereafter.
Though the appellant is a young man (he was 20 years old on conviction), there is no basis for this Court to interfere with the discretion by the learned trial Judge as to the sentence since it has not been shown that in assessing the sentence the judge acted on some wrong principle or has imposed a sentence which was manifestly excessive.
In our view the sentence is well merited and is neither harsh nor manifestly excessive in the circumstances.
We reject this appeal and order that it be and is hereby dismissed.
Dated and delivered at Nakuru this 21st day of February, 2011.
P. K. TUNOI
--------------------------
JUDGE OF APPEAL
E. M. GITHINJI
--------------------------
JUDGE OF APPEAL
J. G. NYAMU
-------------------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR