[2007] KEHC 2360 (KLR)
The court held that the appellant's plea for leniency and sympathy was insufficient to warrant interference with the trial court's discretion in sentencing. The circumstances of the case, involving a wanton, reckless, and unlawful attack resulting in the death of the appellant's father, justified the sentence...
Source-derived case information.
- Citation
- [2007] KEHC 2360 (KLR)
- Parties
- Appellant: Geoffrey Kuongera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 289 of 2001
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing Principles, Manslaughter, Appellate Review of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Kuongera
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 10 years imprisonment for manslaughter was manifestly excessive in the circumstances of the case.
- 2 Whether the appellate court should interfere with the trial court's exercise of discretion in sentencing.
Ratio Decidendi
The court held that the appellant's plea for leniency and sympathy was insufficient to warrant interference with the trial court's discretion in sentencing. The circumstances of the case, involving a wanton, reckless, and unlawful attack resulting in the death of the appellant's father, justified the sentence imposed. There was no evidence that the trial court acted on a wrong principle, overlooked material factors, or imposed a manifestly excessive sentence. Therefore, the appeal against sentence lacked merit and was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal on sentence is dismissed.
- The entire appeal stands dismissed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
Criminal Appeal 289 of 2001
GEOFFREY KUONGERA………………..…………………APPELLANT
V E R S U S
REPUBLIC…………………………..…………………….RESPONDENT
(Being an appeal against the original conviction and sentence in Maua Principal Magistrate’s Court Criminal Case No 1720 Of 1999 By Hon. N. Kimani – P.M.)
J U D G M E N T
When the Appeal herein came for hearing, the Appellant stated that he was only appealing against the sentence imposed and had no complaint as regards his conviction. It is his right to do so and this judgment is limited to the sentence imposed.
I note the Appellant was charged in Maua SRM Court Criminal Case No. 1720/1999 and was on 13. 8.2001 sentenced to serve 10 years in prison for the offence of manslaughter.
The circumstances of his case were that on 16. 3.1999 he unlawfully killed M’Mariu Mworia, his father. I have read the proceedings and I note that the deceased and the Appellant had a domestic quarrel and the result was that the Appellant cut his father with a panga and the latter died the next day at 5. 30 a.m.
The Appellant now says that the sentence was excessive that and he is also sickly and this court should exercise leniency.
In Wanjema vs R [1971] EALR 493 at 494 it was held that;
“A sentence must in the end, depend upon the facts of its own particular case. …. An appellate court should not interfere with the discretion which a trial court has exercised as to sentence unless it is evident that it overlooked some material factors, took into account some immaterial factor, acted on wrong principle or the sentence is manifestly excessive in the circumstances of the case”:
Applying these lucid holding to this Appeal all that the Appellant has placed before this court is a plea for leniency and sympathy. That is not enough to prod this court to interfere with the discretion of the trial court and in any event, the circumstances of this case are that the Appellant should suffer the full sentence for his wanton, reckless and unlawful attack on his father which led to the death of the latter.
The Appeal on sentence is without merit and is dismissed. That being the case the entire Appeal stands dismissed.
Orders accordingly.
Dated, signed and delivered in open court at Meru this 2nd Day of August 2007
ISAAC LENAOLA
JUDGE
In presence of
Appellant Present
Mr. Muteti State Counsel for the State.
ISAAC LENAOLA
JUDGE.