[2013] KECA 44 (KLR)
The Court of Appeal found that while the appellant committed the offence in a state of drunkenness and was a first offender with young children requiring his care, the loss of life resulting from his careless act could not be overlooked. Balancing these mitigating factors against the gravity of the offence, the...
Source-derived case information.
- Citation
- [2013] KECA 44 (KLR)
- Parties
- Appellant: Peter Kiaka Kawisya; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 614 of 2010
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed; sentence reduced
- Judges
- DK Maraga, SP Ouko, A Mohammed
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigating Factors, Drunkenness, First Offender, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kiaka Kawisya
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of fifteen years imprisonment for manslaughter was harsh and excessive.
- 2 Whether mitigating factors such as drunkenness, being a first offender, and family circumstances warranted reduction of sentence.
Ratio Decidendi
The Court of Appeal found that while the appellant committed the offence in a state of drunkenness and was a first offender with young children requiring his care, the loss of life resulting from his careless act could not be overlooked. Balancing these mitigating factors against the gravity of the offence, the court determined that the original sentence of fifteen years imprisonment was excessive. Accordingly, the court allowed the appeal and reduced the sentence to eight years imprisonment from the date of conviction, holding that this period was sufficient to meet the ends of justice given the circumstances of the case.
Court Disposition
appeal allowed; sentence reduced
Orders
- The appellant's sentence is reduced to eight (8) years imprisonment from the date of conviction.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: MARAGA, OUKO & J. MOHAMMED, JJ.A)
CRIMINAL APPEAL NO. 614 OF 2010
BETWEEN
PETER KIAKA KAWISYA………....……………………………………..APPELLANT
AND
REPUBLIC……..……………………………………………………….RESPONDENT
(Appeal from a sentence of the High Court of Kenya at Machakos
(Sitati, J) dated 11th May 2007inHCCRC. NO. 40 OF 2006)
*******************
JUDGMENT OF THE COURT
PETER KIAKA KAWISYA, the appellant, was, upon his plea of guilty to a charge of manslaughter contrary to Section 202as read with Section 205 of the Penal Code convicted and sentenced to fifteen years imprisonment. He has appealed to this court against that sentence which he has described in his memorandum of appeal as harsh and excessive.
At the hearing of the appeal, the appellant pleaded for the reduction of the sentence contending that he is remorseful and that the probation officer’s report that he is a village fiendin his home area preying on drunkards and robbing them of their possessions is not true. In respect of the appeal, he said he had no reason to do any harm to the deceased leave alone kill him. At the material time he was very drunk and that he pushed the deceased out of drunkenness. He concluded that he is a widower with young children who have nobody to take care of them. This being an appeal against sentence only, Mr. Kivihya, the learned State Counsel, left the matter to us.
We have considered the matter. The appellant committed the offence in a state of drunkenness. He is a first offender and a widower with young children requiring his care and attention.That notwithstanding, however, we cannotoverlook the fact that by his careless act, a life was lost.
Taking all these factors into account, we allow this appeal and reduce the appellant’s sentence to eight (8) years imprisonment from the date of conviction.
DATED and delivered at Nairobi this 20th day of December, 2013.
D.K. MARAGA
………………………
JUDGE OF APPEAL
W. OUKO
………………………
JUDGE OF APPEAL
J. MOHAMMED
………………………
JUDGE OF APPEAL
I certify that this is a true
copy of the original.
DEPUTY REGISTRAR