[1996] KECA 110 (KLR)
The Court of Appeal found that the sentences of three years imprisonment for the appellants, who are single mothers with many children and had already spent a significant period in remand and prison, were excessive in the circumstances. The court noted the selective prosecution, as the main perpetrators were not...
Source-derived case information.
- Citation
- [1996] KECA 110 (KLR)
- Parties
- Appellant: Saumu Cheptanui Kikwai; Appellant: Annah Chepkorir Lasoi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 4 of 1996
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- sentences reduced to period served; appellants to be released forthwith unless otherwise lawfully held
- Judges
- RO Kwach, AB Shah
- Legal Topics
- Manslaughter, Sentencing, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Saumu Cheptanui Kikwai
Appellant
Annah Chepkorir Lasoi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentences of three years imprisonment for manslaughter were excessive in the circumstances of the appellants.
- 2 Whether the court should interfere with the sentences imposed by the High Court.
Ratio Decidendi
The Court of Appeal found that the sentences of three years imprisonment for the appellants, who are single mothers with many children and had already spent a significant period in remand and prison, were excessive in the circumstances. The court noted the selective prosecution, as the main perpetrators were not arraigned. Taking into account these mitigating factors, the court exercised its discretion to interfere with the sentences, reducing them to the period already served and ordering the immediate release of the appellants unless otherwise lawfully held.
Court Disposition
sentences reduced to period served; appellants to be released forthwith unless otherwise lawfully held
Orders
- The sentences of three years imprisonment are reduced to the period already served.
- The appellants shall be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE COURT OF APPEAL
AT NAKURU
CORAM: KWACH, TUNOI & SHAH. JJ.A
CRIMINAL APPEAL NO. 4 OF 1996
BETWEEN
SAUMU CHEPTANUI KIKWAI
ANNAH CHEPKORIR LASOI………….APPELLANTS
AND
REPUBLIC……………………………RESPONDENT
(Appeal from a conviction and sentence of the High Court of Kenya at Nakuru (Lady Justice S.C. Ondeyo) dated October, 1994.
IN
H.C.CR.C. NO. 18 OF 1994)
***********************
JUDGMENT OF THE COURT
The appellants were jointly charged with murder; and at their trial, the prosecution accepted their pleas of guilty to manslaughter. The learned judge sentenced each of them to three (3) years imprisonment. They appeal against the sentences as being excessive.
At the commencement of this appeal, Mr. Rotich, counsel for the appellants, informed us that the appellants wished to withdraw the appeal but when we asked the appellants if those were their instructions they replied in the negative. We accordingly reject the application for withdrawal.
The appellants are single mothers with many children some of whom are tender years. They have been in remand and prison since January, 1994. The prosecution was selective in that the main perpetrators of the crime were not indicated and arraigned.
In the particular circumstances of this case, we are of the view, that the sentences do call for our interference. We reduce them to the period already served and order that the appellants shall be released forthwith unless otherwise lawfully held.
Dated and delivered at Nakuru this 27th day of February, 1996.
R. O. KWACH
………………………..
JUDGE OF APPEAL
P. K. TUNOI
………………………..
JUDGE OF APPEAL
A.B. SHAH
………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.