[2017] KEHC 4769 (KLR)
The court, upon independent evaluation of the trial record, found that the appellant was convicted on good and sound evidence. The prosecution proved the case beyond reasonable doubt, and there was no lawful ground to fault the conviction. The appellant, having served his sentence and not prosecuted the appeal,...
Source-derived case information.
- Citation
- [2017] KEHC 4769 (KLR)
- Parties
- Appellant: Samuel Wanjathi Murigi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 69 of 2013
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- DW Mbuteti
- Legal Topics
- Manslaughter, Conviction Appeal, Sentencing, Standard of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Wanjathi Murigi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for manslaughter was supported by sound evidence.
- 2 Whether the sentence imposed was lawful and appropriate.
Ratio Decidendi
The court, upon independent evaluation of the trial record, found that the appellant was convicted on good and sound evidence. The prosecution proved the case beyond reasonable doubt, and there was no lawful ground to fault the conviction. The appellant, having served his sentence and not prosecuted the appeal, provided no basis for interference with the conviction or sentence. The appeal was therefore dismissed in its entirety.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL APPEAL NO 69 OF 2013
(FORMERLY NYERI HC CR APPEAL NO 77 OF 2010)
(Appeal from conviction and sentence in Kigumo SRM
Criminal Case No 1746 “B” of 2006 – M W Mutuku, SRM)
SAMUEL WANJATHI MURIGI.....................................APPELLANT
VERSUS
REPUBLIC.................................................................RESPONDENT
J U D G M E N T
1. The Appellant was convicted after trial of manslaughter contrary to section 202 as read with section 205 of the Penal Code. On 31/03/2009 he was sentenced to eight (8) years imprisonment.
2. Despite service upon him the Appellant never appeared to prosecute his appeal, which was against both conviction and sentence. With remission he had long served his sentence. Learned prosecution counsel supported the conviction.
3. I have perused the record of the trial court in order to evaluate the evidence placed there and arrive at my own conclusions regarding the same. This is my duty as the first appellate court. I have however given due allowance for the fact that I neither heard nor saw the witnesses myself.
4. I am satisfied that the Appellant was convicted upon good and sound evidence; the conviction cannot be faulted upon any lawful ground. The prosecution proved their case beyond reasonable doubt, and the Appellant was properly convicted. It is not surprising that he has not bothered to prosecute his appeal.
5. In the event, this appeal has no merit, and the same is hereby dismissed it its entirety. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 22ND DAY OF JUNE 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 23RD DAY OF JUNE 2017