[2016] KEHC 696 (KLR)
The court found that the appellant was not provoked in any way and that there was no material on record to justify interference with the sentence imposed by the trial magistrate. The fact that the appellant was a first offender did not outweigh the seriousness of the offence. Consequently, the appeal against...
Source-derived case information.
- Citation
- [2016] KEHC 696 (KLR)
- Parties
- Appellant: Haggai Kibwi Muroki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 35 of 2014
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; sentence upheld
- Judges
- KW Kiarie
- Legal Topics
- Manslaughter, Sentencing, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Haggai Kibwi Muroki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 30 years imprisonment for manslaughter was harsh and excessive in the circumstances.
- 2 Whether there were mitigating factors to warrant interference with the sentence imposed by the trial court.
Ratio Decidendi
The court found that the appellant was not provoked in any way and that there was no material on record to justify interference with the sentence imposed by the trial magistrate. The fact that the appellant was a first offender did not outweigh the seriousness of the offence. Consequently, the appeal against sentence was dismissed and the sentence of 30 years imprisonment for manslaughter was upheld.
Court Disposition
appeal dismissed; sentence upheld
Orders
- The appeal is dismissed.
- The sentence of 30 years imprisonment imposed by the trial magistrate is upheld.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL APPEAL NO. 35 OF 2014
HAGGAI KIBWI MUROKI ............................................................ APPELLANT
VERSUS
REPUBLIC ……………………………………………………. RESPONDENT
(From the original conviction and sentence in criminal case No.1220 of 2014 of the Chief Magistrate’s Court at Maua by Hon. J.G King'ori – Chief Magistrate)
JUDGMENT
The appellant,HAGGAI KIBWI MUROKI, was convicted after he pleaded guilty to an Offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code.
The particulars of the offence were that on 21st January 2012 at Amaku Sub location in Igembe South District of Meru County, unlawfully killed STEPHEN MURIUKI M'MUNORU.
The appellant was sentenced to serve 30 (thirty) years imprisonment. He now appeals against the sentence.
The appellant was in person. He contended that he was a first offender and that the sentence was harsh in the circumstances of the case.
The state opposed the appeal through Mr. Odhiambo, the learned counsel who argued that the sentence was appropriate.
After perusing the record, I am find that the appellant was not provoked in any way. I do not have materials on record which can persuade me to interfere with the sentence. I therefore dismiss the appeal and uphold the sentence by the learned trial magistrate.
DATED at Meru 20th day of December 2016
KIARIE WAWERU KIARIE
JUDGE