[2005] KECA 115 (KLR)
The Court of Appeal held that the appellant's intoxication did not justify or mitigate the killing of the deceased, who was an innocent and defenceless young woman. The court found no reason to interfere with the ten-year custodial sentence imposed by the High Court, as it was neither harsh nor manifestly excessive....
Source-derived case information.
- Citation
- [2005] KECA 115 (KLR)
- Parties
- Appellant: Samson Montete Kotikoti; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 179 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Manslaughter, Plea of Guilty, Sentencing, Intoxication as Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Montete Kotikoti
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of ten years imprisonment for manslaughter was harsh or manifestly excessive.
- 2 Whether intoxication could mitigate the appellant's culpability for killing the deceased.
Ratio Decidendi
The Court of Appeal held that the appellant's intoxication did not justify or mitigate the killing of the deceased, who was an innocent and defenceless young woman. The court found no reason to interfere with the ten-year custodial sentence imposed by the High Court, as it was neither harsh nor manifestly excessive. The appeal was therefore dismissed, and the sentence upheld.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The sentence of ten years imprisonment is upheld.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (CORAM: TUNOI, O’KUBASU & WAKI, JJ.A.) Criminal Appeal 179 of 2003BETWEENSAMSON MONTETE KOTIKOTI ……………………..…………… APPELLANT AND REPUBLIC …………………………………………………………. RESPONDENT
(Appeal from a sentence of the High Court of Kenya at Nakuru (Justice M. Apondi) dated 25th day of September, 2005. in H.C.CR.C. NO. 12 OF 2002) *********************
JUDGMENT OF THE COURT The appellantSAMSON MONTETE KOTIKOTIwas convicted on his own plea of guilty to manslaughter and sentenced to ten years imprisonment by the High Court of Kenya at Nakuru on 25th June, 2003.
The appellant for no apparent reason clubbed to death his brother's wife during the fateful evening. He alleges that he was very drunk and intoxicated and could not control himself.
In the appeal before us he asks for leniency because he is the only breadwinner of his family and that he has since contracted Tuberculosis.
We are in consonance with the learned trial Judge that the appellant has taken away the life of an innocent and defenceless young woman due to his intoxication. This is not a valid reason to kill. In the circumstances, we do not think that the custodial sentence imposed by the Court is either harsh or manifestly excessive so as to justify any interference by this Court. In the result this appeal fails and is accordingly dismissed.
DATED and DELIVERED at NAKURU this 26th day of September, 2005.
P.K. TUNOI JUDGE OF APPEAL E.O. O'KUBASU JUDGE OF APPEAL P.N. WAKI JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR