[2006] KECA 308 (KLR)
The Court of Appeal held that the five-year sentence imposed on the appellant for manslaughter was appropriate and not manifestly excessive. The court considered the circumstances of the offence, including the use of a spear and the fatal injury inflicted, and found no reason to interfere with the trial court's...
Source-derived case information.
- Citation
- [2006] KECA 308 (KLR)
- Parties
- Appellant: Nkoro Ole Koin; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 204 of 2004
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence After Conviction on Plea of Guilty
- Outcome
- appeal dismissed
- Legal Topics
- Manslaughter, Sentencing Principles, Plea of Guilty, Excessive Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nkoro Ole Koin
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence After Conviction on Plea of Guilty
Legal Issues
- 1 Whether the sentence of five years imprisonment for manslaughter was harsh and manifestly excessive.
- 2 Whether the appellant's remorse and reformation warranted interference with the sentence.
Ratio Decidendi
The Court of Appeal held that the five-year sentence imposed on the appellant for manslaughter was appropriate and not manifestly excessive. The court considered the circumstances of the offence, including the use of a spear and the fatal injury inflicted, and found no reason to interfere with the trial court's exercise of discretion. The appellant's remorse and claim of reformation did not outweigh the seriousness of the offence. The appeal was therefore dismissed and the sentence upheld.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
- The sentence of five years imprisonment is upheld.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAKURU
Criminal Appeal 204 of 2004
Nkoro Ole Koin…………………….APPELLANTS
VERSUS
REPUBLIC…………….……RESPONDENT
Judgment.
BETWEEN
NKORO OLE KOIN .…………………………..………..APPELLANT
AND
REPUBLIC ……………………………………………RESPONDENT
(Appeal from sentence of the High Court of Kenya at
Nakuru (Mr. Justice L. Kimaru) dated 11th August, 2004
in
H.C.CR.C. NO. 55 OF 2004)
*************
JUDGMENT OF THE COURT
The appellant was sentenced to five years imprisonment on a plea of guilty to the offence of manslaughter contrary to section 205 of the Penal Code. He had speared the deceased in the mouth after a quarrel when the latter had attempted to castrate his ram as both of them were herding cattle and sheep together. The deceased died of cardiac arrest as a result of severe bleeding from the injury inflicted on him by the appellant. He now appeals to this Court against that sentence pleading that the same was harsh and manifestly excessive. He also states that he has now reformed and is remorseful.
From the circumstances of the case before the trial Court it would appear to us as Mr. Gumo for the respondent submits, the sentence imposed on the appellant was neither harsh nor manifestly excessive considering the weapon used against the deceased and the injury inflicted thereto resulting in his death. We think therefore that the sentence appealed from was neither harsh nor manifestly excessive. In the result we dismiss the appellant’s appeal. It is so ordered.
Dated and delivered at Nakuru this 28th day of February, 2006.
J. E. GICHERU
………………………
CHIEF JUSTICE
P. K. TUNOI
…………………….
JUDGE OF APPEAL
W. S. DEVERELL
……………………….
JUDGE OF APPEAL
I certify that this is a true
Copy of the original.
DEPUTY REGISTRAR