[2005] KECA 117 (KLR)
The Court of Appeal held that the sentence of six years imprisonment for manslaughter was lawful, not harsh or excessive, and that there was no basis for interference. The trial judge had considered all relevant circumstances, including the reduction of the charge from murder to manslaughter and the appellant's...
Source-derived case information.
- Citation
- [2005] KECA 117 (KLR)
- Parties
- Appellant: Simon Mungai Waweru; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 74 of 2004
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Judges
- AM Githinji, J Wakiaga
- Legal Topics
- Manslaughter, Sentencing Principles, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Mungai Waweru
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of six years imprisonment for manslaughter was harsh and excessive.
Ratio Decidendi
The Court of Appeal held that the sentence of six years imprisonment for manslaughter was lawful, not harsh or excessive, and that there was no basis for interference. The trial judge had considered all relevant circumstances, including the reduction of the charge from murder to manslaughter and the appellant's admission of guilt. The appellate court reaffirmed that it will only interfere with a sentence if it is manifestly excessive or based on wrong principles, which was not the case here. Accordingly, the appeal against sentence was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
CRIMINAL APPEAL 74 OF 2004
SIMON MUNGAI WAWERU……. ………………………………… APPELLANT
AND
REPUBLIC …………………………………………………………. RESPONDENT
JUDGMENT OF THE COURT
The appellant and the deceased fought over some woman. The appellant picked up a knife and stabbed the deceased to death. They must have taken liquor and that must be the reason why the original charge of murder brought against him was reduced to manslaughter. He admitted that charge and the learned trial Judge having taken into account the relevant circumstances, imposed on him a sentence of six years. He appeals to us against that sentence. We are satisfied that the sentence was not harsh and excessive. It is a lawful sentence and there is no basis upon which we can interfere with it. We dismiss the appeal against the sentence.
DATED and DELIVERED at NAKURU this 27th day of September, 2005.
R.S.C. OMOLO
…………………….
JUDGE OF APPEAL
E.M. GITHINJI
…………………....
JUDGE OF APPEAL
P.N. WAKI
…………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR