[1992] KECA 14 (KLR)
The Court of Appeal found that the sentence of 4 years imprisonment for manslaughter was neither unlawful nor manifestly excessive, considering the nature of the injuries inflicted, the circumstances of the offence, and the mitigation advanced by the appellant. The trial judge had properly exercised discretion by...
Source-derived case information.
- Citation
- [1992] KECA 14 (KLR)
- Parties
- Appellant: Francis Ngigi Gathugu; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 5 of 1992
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Manslaughter, Sentencing, Mitigation, Penal Code Section 205
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Ngigi Gathugu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 4 years imprisonment for manslaughter was manifestly excessive or warranted in the circumstances.
- 2 Whether the appellant's mitigation, including age and remorse, justified a reduction in sentence.
Ratio Decidendi
The Court of Appeal found that the sentence of 4 years imprisonment for manslaughter was neither unlawful nor manifestly excessive, considering the nature of the injuries inflicted, the circumstances of the offence, and the mitigation advanced by the appellant. The trial judge had properly exercised discretion by taking into account the appellant's age, family situation, and remorse, but the seriousness of the offence and the fatal consequences justified the sentence imposed. The appellate court saw no reason to interfere with the sentence and dismissed the appeal as lacking merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The sentence of 4 years imprisonment is upheld.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Criminal Appeal 5 of 1992
FRANCIS NGIGI GATHUGU ………………………….. APPELLANT
AND
REPUBLIC ……………………………………………. RESPONDENT
(Appeal from a conviction and sentence of the High Court of Kenya
Nairobi (Mr Justice J.A. Mango) dated 19th July, 1991
In
CRIMINAL CASE NO 19 OF 1991)
******************
JUDGMENT OF THE COURT
The appellant’s appeal to this Court is against sentence he had on 19th July, 1991 pleaded guilty to manslaughter contrary to section 205 of the Penal Code, was convicted and sentenced to 4 years imprisonment by the High Court at Nairobi. High mitigation before that court was to the effect that he was an old man of about 66 years of age. He had six minor children and was remorseful as the man he had killed was his neighbour.
The learned trial Judge took into account the appellant’s mitigation and observed that the appellant and entitled to some kind of leniency. In the instant appeal, the appellant has more or less repeated the same mitigation factors.
He had stabbed the deceased with a pen knife on the right arm-pit, forehead and on the left hand. The deceased died as a result of respiratory arrest due to haemothorax consequent to a penetrating wound on the right side of the chest. With these kind of injuries, together with the attendant circumstances leading to the commission of the offence for which the appellant was convicted, we consider that the sentence of 4 years imprisonment was neither level nor manifestly excessive. Accordingly, the appellant’s appeal is without any merit and the same is dismissed.
It is so ordered.
Dated and delivered at Nairobi this 17th day of September, 1992.
J.M. GACHUHI
JUDGE OF APPEAL
J.E. GICHERU
JUDGE OF APPEAL
A.M. COCKAR
JUDGE OF APPEAL