[2010] KECA 283 (KLR)
The Court of Appeal held that the sentence of seven years imprisonment for manslaughter was not manifestly excessive or harsh in the circumstances. The court emphasized the seriousness of the offence, the appellant's plea of guilty, and the broader social context of increasing alcohol-related violence among young...
Source-derived case information.
- Citation
- [2010] KECA 283 (KLR)
- Parties
- Appellant: Edward Muriithi Samuel; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 254 of 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Manslaughter, Sentencing Principles, Plea of Guilty, Alcohol Related Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Muriithi Samuel
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of seven years imprisonment for manslaughter was harsh and excessive in the circumstances.
- 2 Whether the appellant's intoxication and the circumstances of the offence warranted a reduction of sentence.
Ratio Decidendi
The Court of Appeal held that the sentence of seven years imprisonment for manslaughter was not manifestly excessive or harsh in the circumstances. The court emphasized the seriousness of the offence, the appellant's plea of guilty, and the broader social context of increasing alcohol-related violence among young men. The court found no miscarriage of justice in the sentence imposed by the High Court and saw no reason to interfere with the trial judge's discretion. The appeal was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
34 paragraphs
IN THE COURT OF APPEAL OF KENYA
AT NYERI
Criminal Appeal 254 of 2008
BETWEEN
EDWARD MURIITHI SAMUEL.......................................APPELLANT
AND
REPUBLIC................................................................RESPONDENT
(Appeal from a conviction and sentence of the High Court of Kenya at
Nyeri ( Makhandia ,J) dated 23rd September 2008
in
H.C.CR.C. NO 16 OF 2008
*******************************
JUDGMENT OF THE COURT
EDWARD MURIITHI SAMUEL, the appellant, was convicted by the High Court of Kenya at Nyeri (Makhandia J) on 23rd September 2008 on his own plea of guilty to manslaughter contrary to section 202 as read with section 205 of the Penal Code and sentenced to seven (7) years imprisonment.
The appellant, apparently a young man of 25 years of age, was spotted hopelessly drunk and aimlessly roaming around at about noon on 5th February 2008 at Sagana Township in Kirinyaga District of Central Province. Soon thereafter, two other youths of the same age joined him. They, too, were very drunk. The appellant picked a quarrel with the deceased, Isaac Ndegwa Muthoni, over Shs. 50/-. This led to the appellant hitting the deceased on the head with a blunt object. The deceased fell down and went into a coma. He died on his way to the hospital. The cause of death according to the postmortem carried out on the body of the deceased was a head injury due to a blunt head trauma.
The learned trial Judge in sentencing the appellant observed that:
“Of late these kind of offences have been on the upswing in this jurisdiction. Young men have taken to alcohol instead of working on the farms or engaging themselves in income generating activities.”
And that:
“There is a whole generation that this country is losing due to vagaries of alcohol. It is the duty of this court therefore to intervene and halt this obviously destructive trend. This country cannot afford to continue loosing its citizens due to uncontrolled intake of alcohol and other substances by those who are expected to take over the leadership of this country sooner or later.”
The appellant pleads before us in his appeal that the sentence imposed on him was harsh and excessive in the circumstances since the fight occurred when he and the deceased were drunk.
Taking everything into account, we are far from being satisfied that in all the circumstances of the case, the sentence of seven (7) years is so manifestly excessive or harsh as to amount to a miscarriage of justice. In our view, the sentence was well merited and we see no reason for intervention by this court.
Accordingly, we reject this appeal which we hereby order that it be dismissed.
Dated and delivered at Nyeri this 21st day of May 2010.
P. K. TUNOI
............................
JUDGE OF APPEAL
E. M. GITHINJI
.............................
JUDGE OF APPEAL
J. W. ONYANGO OTIENO
...............................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR