Samuel Wanjathi Murigi v Republic [2017] KEHC 4769 (KLR)
- Citation
- [2017] KEHC 4769 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- DW Mbuteti
- Case number
- Criminal Appeal 69 of 2013
- Language
- English
More details
- Court
- High Court
- Panel
- DW Mbuteti
- Case number
- Criminal Appeal 69 of 2013
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Samuel Wanjathi Murigi
AppellantRepublic
RespondentAmounts and remedies
- Sentence Imposed Years: 8
03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the conviction for manslaughter was supported by sound evidence.
- 02
Whether the sentence imposed was lawful and appropriate.
Party arguments
- Applicant
- The appellant did not appear to prosecute his appeal against conviction and sentence. No arguments were advanced on his behalf.
- Respondent
- The learned prosecution counsel supported the conviction, asserting that the evidence on record justified the finding of guilt and the sentence imposed.
05
Court’s reasoning
Legal principles
- 01
Okeno v Republic [1972] EA 32
The duty of the first appellate court is to re-evaluate the evidence and draw its own conclusions, giving allowance for not having seen or heard the witnesses.
- 02
Section 107, Evidence Act; Section 202 and 205, Penal Code
The prosecution must prove its case beyond reasonable doubt for a conviction to stand.
06
Ratio, limits and disposition
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
- The appeal is dismissed in its entirety.
Source and reliance status
High Court
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Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
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
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