[1995] KEHC 66 (KLR)
The court found that, although there was no eyewitness to the incident, the circumstantial evidence and the confessions made by the appellants established their involvement in the fight that resulted in the deceased's death. The court held that the prosecution had proved its case beyond reasonable doubt. The court...
Source-derived case information.
- Citation
- [1995] KEHC 66 (KLR)
- Parties
- Appellant: Faith Wachera Mwangi; Appellant: Eunice Mugethi Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 384 & 385 of 1993
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; conviction and sentence upheld
- Legal Topics
- Manslaughter, Circumstantial Evidence, Confession Statements, Sentencing, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faith Wachera Mwangi
Appellant
Eunice Mugethi Mwangi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for manslaughter was supported by the evidence on record.
- 2 Whether the sentence of five years imprisonment was justified and should be upheld.
Ratio Decidendi
The court found that, although there was no eyewitness to the incident, the circumstantial evidence and the confessions made by the appellants established their involvement in the fight that resulted in the deceased's death. The court held that the prosecution had proved its case beyond reasonable doubt. The court also found no basis to interfere with the sentence of five years imprisonment imposed by the lower court, as there was no evidence of self-defense or provocation pleaded by the appellants. Accordingly, the appeal against both conviction and sentence was dismissed.
Court Disposition
appeal dismissed; conviction and sentence upheld
Orders
- The appeal against conviction is dismissed.
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL APPEAL NO 384 AND 385 OF 1993
FAITH WACHERA MWANGI ……..………APPELLANT
EUNICE MUGETHI MWANGI ……..………APPELLANT
VERSUS
REPUBLIC……………..….....………….RESPONDENT
JUDGMENT
The two appellants were originally charged with another not before this court with the offence of murder. This was later computed to one of manslaughter. Original accused No 1 was placed on probation accused 2 & 3 were both sentenced to 5 years imprisonment. The two now appeal against conviction and sentence.
This court finds from the records of the lower court the following evidence. P.W.1 is a chief who found the 3 original accused seated in his home. They made a report of him of fight with the deceased. She went to the scene and saw no one save the deceased lying dead. She wet and called the other witnesses in this case – presumably P.W.4 (as the trial magistrate made no identification during the trial of the witnesses by the witness in the witness box) and P.W.3 the husband to PW.2. P.W.3 also learnt of he incident from the chief. P.c (recorded in the proceedings as P.W.5 – probably in error) took the charge and cautionary statement. Proof by the prosecution must be beyond any reasonable doubt.
In this case no eye witness saw the incident. There was circumstantial evidence namely a sketch plan which shows the body having been found at the scene places. Evidence was led as to this there was a doctor to testify that the deceased did die, that the cause of death had been stipulated as deep cuts in the head and broken arms.
P.W.5 a police officer attached to the CID Murang’a had charged and cautioned the two appellants. The appellants did not question the statement or make any objections hereon. It is on the basis of these statements were the two appellants admitted to have had a fight with the deceased which caused his death
The death herein notes that the circumstantial evidence and confession given indicate that a fight occurred in which as a result the appellants attacked their father but not with the intention to kill him. One could not say it was as self-defense or provocation – none of this having been pleaded by the defence.
This court herein dismiss this appeal on conviction as to sentence, this court would not interfere with it.
Dated and delivered at Nyeri this 21st day of February, 1995
M.A. ANG’AWA
JUDGE