[2014] KEHC 4160 (KLR)
The High Court found that, although the appellant's actions were brutal and resulted in the deaths of his wife and son, the circumstances, including provocation due to alleged infidelity and the lack of challenge to the mitigation by the prosecution, warranted a reconsideration of the sentence. The court determined...
Source-derived case information.
- Citation
- [2014] KEHC 4160 (KLR)
- Parties
- Appellant: Erick Muturi Peter; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 5 of 2012
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- sentence reduced on appeal
- Legal Topics
- Manslaughter, Sentencing Principles, Provocation, Mitigation, Concurrent Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Erick Muturi Peter
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 40 years imprisonment on each count for manslaughter was harsh and excessive.
- 2 Whether the appellant's mitigation and circumstances warranted a reduction of sentence.
Ratio Decidendi
The High Court found that, although the appellant's actions were brutal and resulted in the deaths of his wife and son, the circumstances, including provocation due to alleged infidelity and the lack of challenge to the mitigation by the prosecution, warranted a reconsideration of the sentence. The court determined that the original sentence of 40 years on each count was harsh and manifestly excessive. Guided by precedent and the principle of proportionality in sentencing, the court substituted the sentence with 10 years imprisonment on each count, to run concurrently from the date of conviction.
Court Disposition
sentence reduced on appeal
Orders
- The sentence of forty (40) years imprisonment on each count is set aside.
- The appellant is sentenced to ten (10) years imprisonment on each count.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL APPEAL NO. 5 OF 2012
ERICK MUTURI PETER.................................…….....APPELLANT
VERSUS
REPUBLIC……....………................…..…..…..…PROSECUTION
(Being an Appeal from the Conviction and Sentence by E.K. NYUTU Resident Magistrate Embu in Criminal Case No. 23 of 2012 on 10th January 2012)
J U D G M E N T
1. ERICK MUTURI PETERthe appellant was convicted of the offence of Manslaughteron two counts and was sentenced to 40 years on each count. The sentences are to run concurrently.
2. I have perused the lower Court record and I am satisfied that the plea was unequivocal.
3. The appeal was admitted on the issue of sentence only.
4. The persons who were killed were the deceased's wife Plauline Karimi and their son Ilwin Munene.
5. The cause of the brutal actions of the appellant was alleged infidelity by the deceased. The facts confirmed that the appellant and his late wife had had a misunderstanding during the day when the appellant investigated the deceased's phone. He then attacked his wife and her sister. The wife was carrying their son on her back.
6. If indeed what the appellant stated in mitigation was true then he was provoked to the limit. The Prosecution did not challenge that statement.
7. However, inspite of the provocation his brutal killing of his immediate family members was uncalled for. The two deceased suffered several cuts inflicted by the appellant (EXB2&3). They were helpless and never fought back.
8. Even the State does not support the sentence. I am guided by the Judgment by the Court of Appeal in MICHAEL NYAKAGWA VS REPUBLIC – Nakuru Criminal Appeal No.140/09 where an appeal against the sentence of 5 years in similar circumstances was dismissed.
9. Inspite of the appellant's beastly attack on his wife and son, when all circumstances are considered I find the sentence of 40 years imprisonment on each count to be harsh and manifestly excessive. I find a sentence of ten (10) years to be appropriate.
10. I hereby set aside the sentence of forty (40) years imprisonment on each count. I substitute it with a sentence of ten (10) years imprisonment on each count.
Sentences to run concurrently from the date of conviction.
Orders accordingly.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT EMBU THIS 20TH DAY OF JUNE, 2014.
H.I. ONG'UDI
J U D G E
In the presence of:-
Ms. Mbae for the State
Appellant
Njue/Kirong CC