[2013] KEHC 4599 (KLR)
The court found that the sentence of 10 years imprisonment was not harsh or excessive given the gravity of the offence and the circumstances under which it was committed. The appellant, having fatally stabbed his own brother twice after a quarrel in a bar, was convicted of manslaughter, which carries a maximum...
Source-derived case information.
- Citation
- [2013] KEHC 4599 (KLR)
- Parties
- Appellant: Moina Ole Mpusia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 171 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- RPV Wendoh
- Legal Topics
- Manslaughter, Sentencing Principles, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Moina Ole Mpusia
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 10 years imprisonment for manslaughter was harsh and excessive.
- 2 Whether the circumstances of the offence warranted a more lenient sentence.
Ratio Decidendi
The court found that the sentence of 10 years imprisonment was not harsh or excessive given the gravity of the offence and the circumstances under which it was committed. The appellant, having fatally stabbed his own brother twice after a quarrel in a bar, was convicted of manslaughter, which carries a maximum sentence of life imprisonment. The judge noted that the appellant would still have the opportunity to return to his family after serving his sentence, whereas the deceased's family had lost a father and husband permanently. The appeal was therefore dismissed as lacking merit.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
High Court at Nakuru
Criminal Appeal 171 of 2011 [if gte mso 9]><xml>
800x600
</xml><![endif]
(From original conviction and sentence in Criminal Case No. 1111 of 2010 of the Chief Magistrate’s Court at Narok – W.N. NJAGE,SPM)
MOINA MPUSIA……………………………………..APPELLANT
VERSUS
REPUBLIC…………………………………………RESPONDENT
JUDGMENT
Moina Ole Mpusia was convicted of the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code by Mr. Njage, Senior Principal Magistrate, Narok, and was sentenced to serve 10 years imprisonment on 13/7/2011. He is aggrieved by the sentence which he claims to be harsh and excessive. He went on to explain how he has realized his mistake; that he committed the offence while under the influence of alcohol, he has 12 children and two wives to look after and is remorseful.
The appeal was opposed. Learned State counsel, Mr. Marete submitted that the sentence was lenient taking into consideration the circumstances leading to the commission of the offence. The deceased was a younger brother of the appellant.
The deceased was injured while in the bar. According to the eye witness (PW1) the deceased was the first to enter the bar. The appellant entered later and sat near him, a quarrel ensued whereby the appellant attacked the deceased with fists. The deceased moved away to another table but the appellant followed him and stabbed him in the stomach, not once but twice.
When called upon to defend himself the appellant had no explanation to make as to why he seriously injured his own brother.
The sentence prescribed under Section 205 for an offence of manslaughter is life imprisonment. Considering the circumstances of the offence, I am of the view that 10 years imprisonment is not harsh. At least the appellant still has his life, he will serve the sentence, come out and look after his family while the family of the brother has no father or husband. The appeal is not merited and is hereby dismissed.
DATED and DELIVERED this 21st day of March, 2013.
R.P.V. WENDOH
JUDGE
PRESENT:
The appellant present in person
Mr. Chirchir for the State
Kennedy – Court Clerk
[if gte mso 9]><xml>
Normal 0
false false false
EN-US X-NONE X-NONE
MicrosoftInternetExplorer4
</xml><![endif][if gte mso 9]><![endif]