[2007] KECA 195 (KLR)
The Court of Appeal held that the sentence of ten years imprisonment for manslaughter was not manifestly excessive in the circumstances. The appellant, having admitted to stabbing his son twice during a domestic quarrel, was convicted on his own plea to a lesser charge of manslaughter. The trial judge considered all...
Source-derived case information.
- Citation
- [2007] KECA 195 (KLR)
- Parties
- Appellant: Peter Maina Ndirangu; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 37 of 2006
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Manslaughter, Sentencing Principles, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Maina Ndirangu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of ten years imprisonment for manslaughter was manifestly excessive and warranted appellate intervention.
Ratio Decidendi
The Court of Appeal held that the sentence of ten years imprisonment for manslaughter was not manifestly excessive in the circumstances. The appellant, having admitted to stabbing his son twice during a domestic quarrel, was convicted on his own plea to a lesser charge of manslaughter. The trial judge considered all relevant factors, including the appellant's intoxication, the provocation, and the gravity of the offence. The appellate court found no error in principle or fact that would justify interference with the sentence. The appeal was therefore dismissed as lacking merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE COURT OF APPEAL OF KENYA
AT NAIROBI
Criminal Appeal 37 of 2006
PETER MAINA NDIRANGU…….……APPELLANT
AND
REPUBLIC………………………….RESPONDENT
(Appeal from a sentence of the High Court of Kenya Nakuru (Muga Apondi, J) dated 19th October, 2005 In H.C.CR.C. NO 1O. OF 2005
**************************
JUDGMENT OF THE COURT
The appellant killed his own son. He came home drunk and picked up a quarrel with his wife over food. The son intervened and according to the facts which the appellant admitted, he ran into his house and armed himself with a Somali sword. He stabbed the son on the stomach and the son started to run away. The appellant chased him and stabbed him again on the back. Taking all these factors into account, the learned trial Judge sentenced the appellant to ten years imprisonment following the conviction on the lesser charge of manslaughter which the appellant eventually admitted. Taking everything into account, we are far from being satisfied that in all the circumstances of the case, the sentence of ten years is so manifestly excessive and calls for the intervention of the Court. In our view the sentence was well merited. There is no merit in this appeal and we order that it be and is hereby dismissed.
Dated at Nakuru this 24th day of September 2007.
R. S. C. OMOLO
………………………
JUDGE OF APPEAL
E. O. O’KUBASU
…………………………
JUDGE OF APPEAL
W. S. DEVERELL
…………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR