[2004] KECA 115 (KLR)
The Court of Appeal found that although the trial judge stated he had considered the period the appellant had spent in custody, the sentence imposed did not adequately reflect this consideration. Given that the appellant had already been in custody for four years and seven months and that the manslaughter occurred...
Source-derived case information.
- Citation
- [2004] KECA 115 (KLR)
- Parties
- Appellant: Christopher Lopeite Lokai; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 164 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced
- Legal Topics
- Manslaughter, Sentencing, Custodial Sentence, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Lopeite Lokai
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the trial court properly considered the period the appellant had already spent in custody when sentencing.
- 2 Whether the sentence of six years imprisonment for manslaughter was harsh in the circumstances.
Ratio Decidendi
The Court of Appeal found that although the trial judge stated he had considered the period the appellant had spent in custody, the sentence imposed did not adequately reflect this consideration. Given that the appellant had already been in custody for four years and seven months and that the manslaughter occurred during a drunken brawl, the appellate court held that the sentence of six years imprisonment was harsh and excessive. The court determined that a sentence of four years imprisonment would have been appropriate in the circumstances, thereby reducing the appellant's sentence accordingly.
Court Disposition
sentence reduced
Orders
- The appellant's sentence of six years imprisonment is reduced to four years imprisonment.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
CORAM: GICHERU, C.J., TUNOI, J.A & DEVERELL , AG.J.A
CRIMINAL APPEAL NO. 164 OF 2003
BETWEEN
CHRISTOPHER LOPEITE LOKAI………………………..APPELLANT
AND
REPUBLIC………………..………………………………RESPONDENT
(Appeal from a sentence of the High Court of Kenya at Kitale (Birech, C.A) dated 17/7/2003
in
H.C.CR.C. NO. 7 OF 2000 **************
JUDGMENT OF THE COURT
The appellant was sentenced to 6 years imprisonment after pleading guilty to the offence of manslaughter contrary to section 205of the Penal Code on 17. 7.03. He had been in custody for a period of 4 years and 7 months. Although the Commissioner of Assize while sentencing the appellant said that he had taken into account the period the appellant had been in custody, we do not think that he did so.Considering that the offence for which the appellant was convicted and sentenced was committed in circumstances of a drunken brawl we think that taking into account the period the appellant had been in custody, the sentence of six years imprisonment was harsh in the circumstances. We consider that a sentence of 4 years imprisonment would have been appropriate. In the result, we allow the appellant’s appeal to the extent that his sentence of six years imprisonment is reduced to one of 4 years imprisonment. It is so ordered.
Dated and delivered at Eldoret this 28 th day of September,2004.
J.E. GICHERU
…………………………
CHIEF JUSTICE
P.K. TUNOI
…………………… ….
JUDGE OF APPEAL
W.S. DEVERELL
…………………………
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR