[1993] KECA 29 (KLR)
The Court of Appeal held that, although the sentence of 8 years imprisonment for manslaughter was severe in light of the appellant's pre-sentence custody of over 2 years and 4 months, it was not harsh or excessive given the aggravating circumstances. The appellant was the aggressor, used a lethal weapon, and...
Source-derived case information.
- Citation
- [1993] KECA 29 (KLR)
- Parties
- Appellant: Kariuki Nyoike; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 35 of 1992
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Aggravating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kariuki Nyoike
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 8 years imprisonment for manslaughter was harsh considering the period the appellant had already spent in custody.
- 2 Whether the trial judge properly considered mitigating and aggravating circumstances in sentencing.
Ratio Decidendi
The Court of Appeal held that, although the sentence of 8 years imprisonment for manslaughter was severe in light of the appellant's pre-sentence custody of over 2 years and 4 months, it was not harsh or excessive given the aggravating circumstances. The appellant was the aggressor, used a lethal weapon, and inflicted fatal injuries on the deceased, his wife, in the context of a domestic dispute. The trial judge had considered both the period of custody and the mitigating submissions, but the gravity of the offence and the manner in which it was committed justified the sentence imposed. The appeal was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The sentence of 8 years imprisonment is upheld.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT MALINDI
CRIMINAL APPEAL 35 OF 1992
KARIUKI NYOIKE ……………………………. APPELLANT
AND
REPUBLIC …………………...……………… RESPONDENT
(Appeal from a conviction and sentence of the High Court of KenyaMombasa( Wambilyanga,J.) dated 7th May, 1991InH. CR. C. NO. 11 OF 1990)
**************
JUDGMENT OF THE COURT
On 7th May, 1991 the appellant pleaded guilty to the offence of manslaughter contray to Section 205 of the Penal Code before the High Court at Mombasa, Wambilyangah, J. He was on the same day convicted of the said offence and sentenced to 8 years imprisonment. His complaint before us is that that sentence was harsh considering the period he had been in custody before the date of the sentence.
H A, the deceased, was married to the appellant. Out of their union, they had one child. O to some marital problem, the deceased had at some time left the appellant and had gone to live with her parents. Later she returned to the appellant leaving the child of their marriage with the said parents. Subsequently, this became the fulcrum of dispute between her and the appellant. On 22nd December, 1988 the appellant and the deceased went to their village elder over this matter. The three of them decided to proceed to Garsen Police Station to have the matter resolved. On the way, the appellant started to insult the deceased. The latter protested. In the process, the appellant who was armed with a knife drew it out and with it fatally stabbed the deceased on the abdomen. Her cause of death was shock due to excessive intrapertoneal haemorrhage.
Before sentencing the appellant, the learned trial judge observed that the carrying of the knife by the appellant which he used to kill the deceased aggravated the circumstances of the case as it demonstrated his ill disposition towards her. The trial judge then said that he had taken into account all what was said in mitigation by counsel for the appellant.
The appellant had been in custody for a period of over 2 years and 4 months as at the date of his sentence. He had started to insult the deceased and was the aggressor. He used a lethal weapon against her. Marital differences apart, he had no cause to resort to such brutality against the deceased after having started to insult her. Hence, although the sentence of 8 years imprisonment is severe considering the period of custody referred to above, we do not think that in the circumstances of this case it was harsh. It was well deserved. Accordingly we dismiss the appellant’s appeal.
It is so ordered.
Dated and delivered at Mombasa this 25th of January, 1993.
J.M. GACHUHI
JUDGE OF APPEAL
J.E. GICHERU
JUDGE OF APPEAL
A.M. COCKAR
JUDGE OF APPEAL