[2015] KEHC 6366 (KLR)
The court found that the appellant was provoked when he found his wife in his house with the deceased, which constituted a significant mitigating factor. The judge considered the appellant's role as a sole breadwinner and father of five, and determined that the original sentence of 10 years imprisonment was...
Source-derived case information.
- Citation
- [2015] KEHC 6366 (KLR)
- Parties
- Appellant: Lucas Kimeu Ng'ang'a; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 317 of 2013
- Procedural Posture
- Criminal Appeal / Sentence Appeal
- Outcome
- sentence varied
- Judges
- BT Jaden
- Legal Topics
- Manslaughter, Sentencing, Mitigation, Provocation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucas Kimeu Ng'ang'a
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Sentence Appeal
Legal Issues
- 1 Whether the sentence of 10 years imprisonment for manslaughter was excessive in the circumstances.
- 2 Whether the appellant's mitigation and the circumstances of the offence warranted a reduction of sentence.
Ratio Decidendi
The court found that the appellant was provoked when he found his wife in his house with the deceased, which constituted a significant mitigating factor. The judge considered the appellant's role as a sole breadwinner and father of five, and determined that the original sentence of 10 years imprisonment was excessive in the circumstances. Accordingly, the sentence was substituted with a term of five years imprisonment, reflecting both the seriousness of the offence and the mitigating factors present.
Court Disposition
sentence varied
Orders
- The sentence of 10 years imprisonment is substituted with a sentence of five years imprisonment.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL APPEAL NO. 317 OF 2013
LUCAS KIMEU NG’ANG’A .................….…… APPELLANT
VERSUS
REPUBLIC
(Being an appeal from the conviction and sentence of Hon. S.K. Mutai Ag. Principal Magistrate delivered on 22/11/2010 in Mutomo Senior Resident Magistrate Criminal Case No. 185 of 2013)
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(Before Hon. B. Thuranira Jaden J)
J U D G M E N T
The Appellant, Lucas Kimeu Ng'ang'a, was charged with the offence of Manslaughter contrary to section 202 as read with section 205 of the penal code.
The particulars of the offence were that on the 20th July 2013 at 11. 00 p.m, at Kangala village Nguuni sub location, Kisaunilocation of Ikutha District within KituiCounty, unlawfully killed Kinyamasyo Syengo.
When the Appellant was arraigned before the trial court, he pleaded not guilty. After a full trial, the Appellant was convicted and sentenced to serve 10 years imprisonment.
The Appellant was aggrieved by both the conviction and sentence and appealed to this court. However, on the hearing date, the Appellant withdrew his appeal on conviction. This appeal is therefore on the sentence only. The Appellant prayed for leniency.
I have considered the mitigation offered by the Appellant. The Appellant has stated that he is a father of five and the sole bread winner for his family. I have also considered the circumstances of the offence. It seems the Appellant was provoked when he found his wife in his house with the deceased. Consequently, I substitute the sentence of 10 years to that of five years. Orders accordingly.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Kitui this 29th day of January2015.
………………………………………
B. THURANIRA JADEN
JUDGE