[1997] KECA 182 (KLR)
The Court of Appeal held that the sentence of 8 years imprisonment for manslaughter was justified and could not be faulted. The court found that the appellant's attack on the deceased was well planned and deliberate, and that the trial judge had properly considered all the circumstances before imposing sentence. The...
Source-derived case information.
- Citation
- [1997] KECA 182 (KLR)
- Parties
- Applicant: Omar Hamisi Mwamwadzi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 37 of 1997
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence After Conviction for Manslaughter
- Outcome
- appeal dismissed
- Judges
- AM Akiwumi
- Legal Topics
- Manslaughter, Sentencing, Plea Bargain, Appeal Dismissal
- 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
Omar Hamisi Mwamwadzi
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence After Conviction for Manslaughter
Legal Issues
- 1 Whether the sentence of 8 years imprisonment for manslaughter was excessive and should be reduced.
- 2 Whether the trial judge properly considered the circumstances of the offence in sentencing.
Ratio Decidendi
The Court of Appeal held that the sentence of 8 years imprisonment for manslaughter was justified and could not be faulted. The court found that the appellant's attack on the deceased was well planned and deliberate, and that the trial judge had properly considered all the circumstances before imposing sentence. The appellate court was not persuaded that there was any basis to interfere with the sentence, and thus dismissed the appeal.
Court Disposition
appeal dismissed
Orders
- The appeal is hereby dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT MOMBASA (CORAM: OMOLO, AKIWUMI & LAKHA JJ.A CRIMINAL APPEAL NO. 37 OF 1997
BETWEEN
OMAR HAMISI MWAMWADZI...................................APPLICANT AND REPUBLIC................................................RESPONDENT
(Appeal from a Judgment or as the case may be of the High Court of Kenya at Mombasa (Mr. Justice S.O. Oguk) dated 4th October, 1994
in H.C.CR.C. NO.22 OF 1994) *****************
JUDGEMENT OF THE COURT
The appellant seeks a reduction of the sentence of 8 years passed on him after his conviction on the lesser charge of manslaughter in respect of which, in our view, the appellant was lucky that the prosecution had accepted his plea of guilty thereto. But a consideration of the facts show that even though the appellant may have had some trouble with the deceased, his attack on the deceased was well planned and deliberate. The appellant and those with him on that occasion, went to the office of the deceased in the morning and simply attacked him. The circumstances were all considered by the learned trial Judge who in our view, imposed a sentence which cannot be faulted. In these circumstances we are not inclined to reduce further the sentence imposed by the learned trial Judge.
In the result the appeal is hereby dismissed.
Dated and given this 14th day of July, 1997 at Mombasa
R. S. C. OMOLO
...............
JUDGE OF APPEAL
A. M. AKIWUMI
...............
JUDGE OF APPEAL
A.A. LAKHA
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR