[2008] KEHC 1520 (KLR)
The court found that the sentence of 10 years' imprisonment for manslaughter was neither harsh nor excessive given the circumstances of the offence, where the appellant unlawfully killed his son by slashing him with a panga after a domestic dispute. The trial court had properly considered and rejected the...
Source-derived case information.
- Citation
- [2008] KEHC 1520 (KLR)
- Parties
- Appellant: Simion Chacha Makenge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 280 of 2006
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Manslaughter, Sentencing, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simion Chacha Makenge
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 10 years' imprisonment for manslaughter was harsh or excessive.
- 2 Whether the trial court properly rejected the appellant's defence of self-defence.
Ratio Decidendi
The court found that the sentence of 10 years' imprisonment for manslaughter was neither harsh nor excessive given the circumstances of the offence, where the appellant unlawfully killed his son by slashing him with a panga after a domestic dispute. The trial court had properly considered and rejected the appellant's claim of self-defence, as the evidence showed the attack was unprovoked and deliberate. There was no basis for the appellate court to interfere with the sentence, as no error of law or principle was demonstrated.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
ATKISII
Criminal Appeal 280 of 2006
SIMION CHACHA MAKENGE …...………….…… APPELLANT
VERSUS
REPUBLIC ……….…………………………………. RESPONDENT
(From original conviction and sentence in Senior Principal Magistrate’s Court at Migori Manslaughter Case No.4 of 2005
by E. O. AWINO EQS – P.M.)
JUDGMENT
The appellant was charged with manslaughter, having unlawfully killed his son, Masero Chacha Makenge, hereinafter referred to as “the deceased” on 7th January, 2005 by slashing him with a panga. He was sentenced to 10 years’ imprisonment. The appellant was aggrieved by the said sentence and preferred an appeal against the same.
The evidence on record shows that on the material day the deceased and his wife went to plough a certain parcel of land using oxen. When they returned home, the appellant asked the deceased’s wife where the oxen had gone to and she told him that they were ploughing. The appellant got annoyed that his son had not heeded his advice not to plough that parcel of land and the appellant vowed to teach the deceased a lesson. Several hours later, as the deceased was going to bath in a stream, he was attacked by the appellant with a panga. The deceased was rushed to a hospital but he died the following day. A post mortem report showed that the cause of the death was severe haemorrhage due to severed right cubital fossa vessels.
In his defence, the appellant alleged that his son had attacked him but that defence was rightly rejected by the trial court.
From the facts of the case, the sentence that was passed by the trial court cannot be said to be harsh or excessive. I see no basis of interfering with the same and dismiss this appeal.
DATED, SIGNED and DELIVERED at KISII this 28th Day of July, 2008.
D. MUSINGA
JUDGE.
Delivered in open court in the presence of:
Mr. Kemo Senior Principal State Counsel for the Republic.
Appellant present.
D. MUSINGA
JUDGE.