[1998] KECA 78 (KLR)
The Court of Appeal held that the sentence of 18 years imprisonment for a 65-year-old appellant convicted of manslaughter was manifestly excessive in the circumstances. The superior court erred in summarily rejecting the appeal against sentence without considering the appellant's age and the proportionality of the...
Source-derived case information.
- Citation
- [1998] KECA 78 (KLR)
- Parties
- Appellant: Charo Karisa Pembe; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 22 of 1998
- Procedural Posture
- Criminal Appeal / Appeal From Summary Rejection of Sentence Appeal
- Outcome
- Appeal allowed; sentence reduced.
- Judges
- JE Gicheru, AB Shah, E Owuor
- Legal Topics
- Manslaughter, Sentencing, Appeals Process, Excessive Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charo Karisa Pembe
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Summary Rejection of Sentence Appeal
Legal Issues
- 1 Whether the sentence of 18 years imprisonment for manslaughter was manifestly excessive given the appellant's age at the time of sentencing.
- 2 Whether the superior court erred in summarily rejecting the appellant's appeal against sentence under section 352(2) of the Criminal Procedure Code.
Ratio Decidendi
The Court of Appeal held that the sentence of 18 years imprisonment for a 65-year-old appellant convicted of manslaughter was manifestly excessive in the circumstances. The superior court erred in summarily rejecting the appeal against sentence without considering the appellant's age and the proportionality of the sentence. The appellate court exercised its jurisdiction to set aside the summary rejection, admitted the appeal to hearing, and reduced the sentence to 4 years imprisonment, effective from the original date of sentence.
Court Disposition
Appeal allowed; sentence reduced.
Orders
- The appeal is allowed.
- The order of the superior court summarily rejecting the appeal is set aside.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL
AT MOMBASA
(CORAM: GICHERU, SHAH & OWUOR, JJ.A.)
CRIMINAL APPEAL NO. 22 OF 1998
BETWEEN
CHARO KARISA PEMBE...........................................APPELLANT
AND
REPUBLIC.............................................................RESPONDENT
(Appeal from a Judgment of the High Court of Kenya at Mombasa (Justice Ang'awa) dated 3rd December, 1996 in
H.C.CR.A. NO. 114 OF 1996) *******************
JUDGMENT OF THE COURT:
The appellant was sentenced to 18 years imprisonment by the Principal Magistrate's Court at Malindi for the offence of Manslaughter contrary to section 205 of the Penal Code.His appeal to the superior court against that sentence was summarily rejected on 3rd December, 1996 under section 352 (2) of the Criminal Procedure Code. He now appeals to this court against that summary rejection.
One of the grounds of appeal in the superior court was that on the date of sentence in the court of first instance he was 65 years old. On account of that, the sentence of 18 years imprisonment was manifestly excessive and sought the interference of the superior court in that regard. We think that on account of his age as at the date of his sentence on 13th March, 1996, the period of 18 years imprisonment was in all the circumstances of the case manifestly excessive and the superior court should not have summarily rejected the appellant's appeal under section 352 (2) of the Criminal Procedure Code. In the result we allow the appellant's appeal, set aside the order of the superior court summarily rejecting his appeal and admit the same to hearing and under section 3 (2) of the Appellate Jurisdiction Act, Chapter 9 of the Laws of Kenya we reduce the sentence of 18 years imprisonment to one of 4 years which shall run from the date of his original sentence - 13th March, 1996.
Dated and delivered at Mombasa this 22nd day of July, 1998.
J. E. GICHERU
..............................
JUDGE OF APPEAL
A. B. SHAH
..............................
JUDGE OF APPEAL
E. OWUOR
..............................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR