[2005] KECA 135 (KLR)
The Court of Appeal held that the sentence of 10 years imprisonment for manslaughter was neither harsh nor excessive given the facts that the appellant was the aggressor, the killing was unprovoked, and the deceased was his uncle. The court considered the appellant's plea of guilty and his claim of intoxication as...
Source-derived case information.
- Citation
- [2005] KECA 135 (KLR)
- Parties
- Appellant: Stanley Kipkosgei Lelei; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 201 of 2004
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Manslaughter, Sentencing Principles, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Kipkosgei Lelei
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 10 years imprisonment for manslaughter was harsh or excessive in the circumstances.
- 2 Whether mitigating factors, including intoxication and plea of guilty, warranted a reduction of sentence.
Ratio Decidendi
The Court of Appeal held that the sentence of 10 years imprisonment for manslaughter was neither harsh nor excessive given the facts that the appellant was the aggressor, the killing was unprovoked, and the deceased was his uncle. The court considered the appellant's plea of guilty and his claim of intoxication as mitigating factors but found them insufficient to justify a reduction in sentence. The appeal was therefore dismissed for lack of merit.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
31 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
CORAM: TUNOI, O’KUBASU & WAKI JJ.A
CRIMINAL APPEAL 201 OF 2004
BETWEEN
STANLEY KIPKOSGEI LELEI………………………………….…..APPELLANT
AND
REPUBLIC…………………………………………………………..RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Eldoret (Dulu, J) dated 22/9/2004
in
H.C.CR. C. NO 14 OF 2004 ********************************
JUDGMENT OF THE COURT
The appellant, Stanley Kipkogei Lelei, was convicted on his own plea of guilty on a charge of manslaughter contrary to section 202as read with section 205 of the Penal Code and sentenced to 10 years imprisonment. The particulars of the offence were that on 14th day of February 2004 at Ziwa Machine in Uasin Gishu District within Rift Valley Province the appellant unlawfully killed Joseph Martin Kimtai.
This appeal is against sentence only and the appellant is urging us to reduce the sentence of 10 years imprisonment. He says that he was drunk when he committed the offence and is asking for forgiveness.
The learned State Counsel Miss Oundo opposes the appeal on the ground that the sentence is not excessive in view of the circumstances under which the deceased met his death.
The facts as narrated before the superior, court and admitted by the appellant, indicate that the appellant was the aggressor who challenged the deceased (his uncle) to a fight. From the facts of the case this was uncalled for and unnecessary death as the appellant had no apparent reason for picking a quarrel with the deceased.
We have considered the facts of the case, the mitigating circumstances as narrated by the appellant and we are satisfied that the sentence was neither harsh nor excessive in the circumstances of the case.
It is our view that this appeal lacks merit. We order that it be dismissed.
Dated and delivered at Eldoret this 20th day of September, 2005
P. K. TUNOI
………………….
JUDGE OF APPEAL
E. O. O’KUBASU
……………………….
JUDGE OF APPEAL
P. N. WAKI
…………………….
JUDGE OF APPEAL.
I certify that this is
A true copy of the original
DEPUTY REGISTRAR