[2006] KECA 324 (KLR)
The Court of Appeal held that the sentence of ten years imprisonment for manslaughter, imposed after the appellant pleaded guilty to killing his father, was lawful, appropriate, and not excessive in the circumstances. The court found no error in principle or manifest excessiveness to justify appellate interference....
Source-derived case information.
- Citation
- [2006] KECA 324 (KLR)
- Parties
- Appellant: Joseph Lopurot Merikol; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 47 of 2005
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Judges
- CA Otieno
- Legal Topics
- Manslaughter, Sentencing Principles, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Lopurot Merikol
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of ten years imprisonment for manslaughter was harsh or excessive in the circumstances.
- 2 Whether there was any legal basis to interfere with the sentence imposed by the High Court.
Ratio Decidendi
The Court of Appeal held that the sentence of ten years imprisonment for manslaughter, imposed after the appellant pleaded guilty to killing his father, was lawful, appropriate, and not excessive in the circumstances. The court found no error in principle or manifest excessiveness to justify appellate interference. The appeal against sentence was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
28 paragraphs
IN THE COURT OF APPEAL OF KENYA
AT ELDORET
CRIMINAL APPEAL 47 OF 2005
JOSEPH LOPUROT MERIKOL……….…………….…..........…..…………... APPELLANT
AND
REPUBLIC ……………………………………………..…........…….…..….. RESPONDENT
(Appeal from a sentence of the High Court of Kenya at Kitale (Lady Justice Wanjiru Karanja) dated 16th December, 2004
in
H.C.CR.C. NO. 41 OF 2004)
********************
JUDGMENT OF THE COURT
The appellant herein, Joseph Lopurot Merikol, was originally charged with murder contrary to section 203 as read with section 204 of the Penal Code. The charge was reduced to manslaughter contrary to section 202 of the Penal Code to which the appellant pleaded guilty. The learned Judge having considered all the circumstances of the case sentenced the appellant to ten (10) years imprisonment.
The appellant now comes before this Court appealing against sentence only.
The facts of the case as admitted by the appellant were that on 28th July, 2004 at Amisian village in West Pokot District the appellant picked a quarrel with his father over a cow the appellant alleged the father had sold. The quarrel ended tragically when the appellant stabbed his father who died instantly.
This is yet another case in which a son killed his own father. We have considered what the appellant has told us and the remarks of Mr. Omutelema urging us to dismiss this appeal.
The appellant was sentenced to ten (10) years imprisonment as a result of killing his own father. In our view, the sentence was appropriate in the circumstances of the case. This was a legal sentence which was neither harsh nor excessive. We find no reason to warrant our interfering with this sentence. Accordingly, this appeal against sentence is hereby dismissed.
Dated and delivered at Eldoret this 21st day of February, 2006.
P.K. TUNOI
………………………..
JUDGE OF APPEAL
E.O. O’KUBASU
…………………………
JUDGE OF APPEAL
J.W. ONYANGO OTIENO
…………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR