[2024] KEHC 7697 (KLR)
The court found that the sentence of ten years' imprisonment for manslaughter was both lawful and reasonable, considering the maximum penalty is life imprisonment and the circumstances that the deceased was the aggressor. The court held that there was no basis to interfere with the trial court's discretion in...
Source-derived case information.
- Citation
- [2024] KEHC 7697 (KLR)
- Parties
- Appellant: Japhet Kimutai Rop; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E024 of 2021
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- JR Karanja
- Legal Topics
- Manslaughter, Sentencing Principles, Excessive Force, Mitigating Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japhet Kimutai Rop
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for manslaughter was unlawful or harsh and excessive in the circumstances.
- 2 Whether the period served in custody should be considered in the computation of the sentence.
Ratio Decidendi
The court found that the sentence of ten years' imprisonment for manslaughter was both lawful and reasonable, considering the maximum penalty is life imprisonment and the circumstances that the deceased was the aggressor. The court held that there was no basis to interfere with the trial court's discretion in sentencing. However, the court directed that the period already served by the appellant in custody must be taken into account in computing the sentence, in accordance with section 333(2) of the Criminal Procedure Code.
Court Disposition
appeal dismissed
Orders
- The appeal is disallowed.
- The period served by the appellant in custody shall be taken into account in the computation of the ten years' imprisonment.
Full Case Text
Judgment text and source record
20 paragraphs
Rop v Republic (Criminal Appeal E024 of 2021) [2024] KEHC 7697 (KLR) (25 June 2024) (Judgment)
Neutral citation: [2024] KEHC 7697 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Appeal E024 of 2021
JR Karanja, J
June 25, 2024
Between
Japhet Kimutai Rop
Applicant
and
Republic
Respondent
Judgment
1. Appeal considered in the light of the objection thereto by the Respondent. For an Appellant court to interfere with the sentence passed upon on accused by the trial court. It must be shown finely that the sentence was unlawful or secondly, that the sentence was harsh and excessive in the circumstances of the case.
2. In this case, the Appellant was charged with manslaughter contrary to section 202 of the penal code. Upon conviction, he was sentenced to ten (10) years imprisonment even though the offence carries with it a maximum sentence of life imprisonment.
3. The sentence was not only lawful but also reasonable in the circumstance of the case considering that the deceased was theaggressor and that he it was unfortunate that the accused/Appellant used excessive force when he used a stone to hit him on the head.
4. Consequently, the appeal is disallowed. However pursuant to the provisions of section 333(2) Criminal Procedure Code the period served by the Appellant in custody be taken into account in the computation of the sentence of 10 years’ imprisonment imposed upon him by the trial court.
5. Otherwise, appeal dismissed.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 25TH JUNE, 2024. J.R. KARANJAHJUDGEIn the presence;Appellant; PresentMr. Karanja for stateCourt Assistant; Kibet