[1997] KECA 178 (KLR)
The Court of Appeal found that, given the appellant's difficult marital circumstances, emotional distress at the time of the offence, and the fact that she had already served over five years in custody, the original sentence of 10 years imprisonment for manslaughter was excessive. The court held that these...
Source-derived case information.
- Citation
- [1997] KECA 178 (KLR)
- Parties
- Appellant: Flora Cherubet Talam; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 6 of 1994
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed; sentence reduced to time served; immediate release ordered unless otherwise lawfully held
- Judges
- JE Gicheru, AB Shah
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigating Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Flora Cherubet Talam
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 10 years imprisonment for manslaughter was excessive in the circumstances of the case.
Ratio Decidendi
The Court of Appeal found that, given the appellant's difficult marital circumstances, emotional distress at the time of the offence, and the fact that she had already served over five years in custody, the original sentence of 10 years imprisonment for manslaughter was excessive. The court held that these mitigating factors warranted a reduction of the sentence to a term that would result in the appellant's immediate release, unless otherwise lawfully held.
Court Disposition
appeal allowed; sentence reduced to time served; immediate release ordered unless otherwise lawfully held
Orders
- The appeal against sentence is allowed.
- The sentence of 10 years imprisonment is reduced to a term leading to the appellant's immediate release from custody unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAKURU (CORAM: GICHERU, SHAH, JJ.A. & BOSIRE, AG.J.A.) CRIMINAL APPEAL NO. 6 OF 1994 BETWEEN
FLORA CHERUBET TALAM ....................... APPELLANT
AND
REPUBLIC .............................................. RESPONDENT
(Appeal from a Sentence of the High Court of Kenya at Eldoret (Justice Aganyanya) dated 7th April, 1992 in H.C.CR.C. NO. 24 OF 1992) ******************
JUDGMENT OF THE COURT
The appellant was married when she was 15 years old to one Talam and had a difficult marriage relationship with him.
Together with her husband they had five children of the marriage. Because of the difficult marriage relationship which resulted in various fights and her frequent returning to her father's home or friends to seek refuge, she on the 4th April, 1990 after a fight with her husband decided to leave him. She on that day therefore took all her five children in the hope of going to seek refuge elsewhere. As she crossed a nearby river with her five children she was overwhelmed by emotions on recalling how often she had crossed that river as a result of frequent quarrels with her husband who seemed no longer to have any need for her and the children. As a result she tied all the five children with a "leso" and dropped them into the river and she too attempted to drown herself but survived. The five children, however, did not survive but died of asphyxia due to drowning. When the appellant was arraigned in the superior Court for the offence of manslaughter she pleaded guilty and was sentenced to 10 years imprisonment. It is against that sentence that she now appeals to this Court. She tell us that she is now 30 years old and has served over 5 years of her term of imprisonment besides having been previously in custody since 5th April, 1990. In the circumstances attendant to the commission of the offence for which she was convicted and sentenced to 10 years imprisonment together with her long period of incarceration, we think that the sentence of 10 years imprisonment was slightly on the higher side. We in the circumstances allow her appeal against sentence and reduce the same to a term that will lead to her immediate release from custody unless otherwise lawfully held.
Dated and delivered at Nakuru this 25th day of September, 1997.
J.E. GICHERU
.....................
JUDGE OF APPEAL
A.B. SHAH
.....................
JUDGE OF APPEAL
S.E.O. BOSIRE
......................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR