[2007] KECA 407 (KLR)
The Court of Appeal held that the trial judge had properly considered all mitigating factors, including the appellant's intoxication and personal circumstances. The court found that the appellant was not so drunk as to be incapable of forming intent and that he acted unlawfully by taking the law into his own hands...
Source-derived case information.
- Citation
- [2007] KECA 407 (KLR)
- Parties
- Appellant: Charles Kiprono Langat; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 173 of 2004
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigating Factors, Intoxication, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Kiprono Langat
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 7 years imprisonment for manslaughter was harsh or manifestly excessive.
- 2 Whether the appellant's intoxication and personal circumstances warranted a reduction of sentence.
Ratio Decidendi
The Court of Appeal held that the trial judge had properly considered all mitigating factors, including the appellant's intoxication and personal circumstances. The court found that the appellant was not so drunk as to be incapable of forming intent and that he acted unlawfully by taking the law into his own hands instead of reporting the matter to the police. The sentence of 7 years imprisonment was deemed neither harsh nor manifestly excessive in the circumstances, and there was no basis for appellate interference.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAKURU
Criminal Appeal 173 of 2004
CHARLES KIPRONO LANGAT ………………………. APPELLANT
AND
REPUBLIC …………….……...………………………. RESPONDENT
(Appeal from a sentence of the High Court of Kenya at Nakuru (Mr. Justice Musinga) dated 15th July, 2004
in
H.C.CR.C. NO. 140 OF 2003)
*********************
JUDGMENT OF THE COURT
In this appeal the appellant had pleaded guilty to the offence of Manslaughter contrary to section 202 as read with section 205 of the Penal Code. He was convicted and sentenced to 7 years imprisonment by the High Court of Kenya sitting at Nakuru. It is against this sentence that he now appeals to this Court. The thrust of his appeal both in his five grounds of appeal and his submission before us is that he was drunk when he committed the offence in respect of which he pleaded guilty, convicted and sentenced as is set out above and that he is the only provider for his children which he cannot effectively do while incarcerated in prison besides his continued ill health. He therefore seeks a reduction of his 7 years imprisonment pleading that he was drinking a native brew with the deceased whom he thought had taken his money – K.Shs.500/=.
Counsel for the respondent, Mr. P.M. Gumo, however, submitted that the sentence metted out on the appellant should be maintained as all the circumstances of the case against the appellant were taken into consideration.
While sentencing the appellant, the learned trial judge observed that he had taken into account the mitigating factors as stated by counsel for the appellant. The learned trial judge, however, hastened to add that the appellant was not very drunk at the time he committed the offence to take the law into his own hands and that he should have reported the matter to the police.
The appellant had stabbed the deceased on the right side of the neck with a knife transecting the deceased’s carotid artery and the right jugular vein leading to severe bleeding and cardio pulmonary collapse which caused his death. Considering the facts before the learned trial judge who held that the appellant was not very drunk when he stabbed the deceased on the right side of the neck and that instead he should have reported the matter to the police, we think that in these circumstances, the sentence of 7 years imprisonment was neither harsh nor manifestly excessive. In the result, the appellant’s appeal is dismissed in its entirety.
Dated and delivered at Nakuru this 27th day of February, 2007.
J.E. GICHERU
………………..
CHIEF JUSTICE
S.E.O. BOSIRE
…………………
JUDGE OF APPEAL
E.M. GITHINJI
…………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR