[1985] KECA 111 (KLR)
The Court of Appeal found that the sentence of 6 years imprisonment for manslaughter was not excessive or severe given the facts of the case. The appellant, an Administrative Policeman, used excessive force by shooting the deceased while responding to a disturbance, resulting in fatal injuries. The court noted that...
Source-derived case information.
- Citation
- [1985] KECA 111 (KLR)
- Parties
- Appellant: James Kanyingi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 105 of 1985
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Manslaughter, Sentencing Principles, Use of Excessive Force
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kanyingi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 6 years imprisonment for manslaughter was excessive or severe in the circumstances.
- 2 Whether the appellant used excessive force resulting in the death of the deceased.
Ratio Decidendi
The Court of Appeal found that the sentence of 6 years imprisonment for manslaughter was not excessive or severe given the facts of the case. The appellant, an Administrative Policeman, used excessive force by shooting the deceased while responding to a disturbance, resulting in fatal injuries. The court noted that the appellant was fortunate to have received a relatively light sentence in the circumstances. There was no merit in the appeal against sentence, and the court dismissed the appeal, affirming the sentence imposed by the High Court.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
- The sentence of 6 years imprisonment for manslaughter is affirmed.
Full Case Text
Judgment text and source record
15 paragraphs
Republic of Kenya
Court of Appeal, at Nairobi
Criminal Appeal No 105 of 1985
Kanyingi
versus
Republic
(Appeal from the High Court at Nairob, Owour J)
December 11, 1985, Nyarangi JA, Platt & Gachuhi Ag JJA delivered the following
Judgment.
This appellant, James Kanyingi, was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. He was convicted of the lesser offence of Manslaughter contrary to section 202 as read with section 205 of the Penal Code. He was sentenced to a term of imprisonment of 6 years. He appeals to this court on sentence.
The three grounds of appeal upon which this appeal is presented to this court are at variance with the accepted facts of the case as narrated by the prosecution. The facts were that the appellant, an Administrative Policeman armed with a G3 rifle was guarding the D O’s office at Pumwani on the night of May 5 and 6 1984. Opposite to the D O’s office is a Sports Club 50 yards away where a dance was being held. A disturbance caused by a fellow administrative policeman occurred there at midnight. The appellant went to the aid of his colleague and shot deceased rupturing the heart and intestines. He used excessive force in the circumstances. The deceased died on the way to hospital.
Though the appeal is on sentence, we feel that the appellant was lucky to get away with such a light sentence in the circumstances of the case. The sentence cannot be said to be excessive or severe.
The learned state counsel supports the sentence. There is no merit in this appeal which we order to be dismissed.
Delivered on the December 11, 1985
Nyarangi JA, Platt & Gachuhi Ag JJA