[2004] KEHC 1863 (KLR)
The High Court found that the appellant's plea of guilty to manslaughter was properly taken and unequivocal. The trial court had considered the appellant's mitigation before passing sentence. Given that the offence carries a maximum penalty of life imprisonment, the sentence of five years was not excessive. The loss...
Source-derived case information.
- Citation
- [2004] KEHC 1863 (KLR)
- Parties
- Appellant: Richard Kirema Shabaan; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 214 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- K Bauni
- Legal Topics
- Manslaughter, Sentencing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Kirema Shabaan
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of five years imprisonment for manslaughter was excessive.
- 2 Whether the trial court properly considered the appellant's mitigation before sentencing.
Ratio Decidendi
The High Court found that the appellant's plea of guilty to manslaughter was properly taken and unequivocal. The trial court had considered the appellant's mitigation before passing sentence. Given that the offence carries a maximum penalty of life imprisonment, the sentence of five years was not excessive. The loss of life, even if the deceased was the appellant's brother, did not diminish the seriousness of the offence. There was no basis for the appellate court to interfere with the sentence imposed by the trial court. Accordingly, the appeal against sentence was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL APPEAL NO.214 OF 2003
(From original conviction and sentence of the Chief Magistrate’s court at Kisii
criminal case No.182 of 2002)
RICHARD KIREMA SHABAAN ……………………………………….. APPELLANT
VERSUS
REPUBLIC ……………………………………………………………….. RESPNDENT
JUDGMENT:
The appellant pleaded guilty to a charge of manslaughter c/s 202 as read with s.205 of the Penal code. He was jailed for five years. He has now appealed against the sentence. The plea was properly taken and was unequivocal. Charge was read to accused and he pleaded guilty.
As submitted by the state counsel the sentence of 5 years is not excessive. The offence carries a maximum sentence of life imprisonment.
A life was lost and though it was appellant’s brother that does not make the offence any less serious. The court considered accused’s mitigation before passing the sentence. This court declines to interfere with the same. The appeal is therefore dismissed.
Dated and delivered at Kisii on 19th March 2004.
KABURU BAUNI JUDGE
19/3/2004