[2005] KECA 118 (KLR)
The Court of Appeal held that the sentence of ten years imprisonment for manslaughter was neither harsh nor excessive given the gravity of the offence, namely, the killing of the appellant's own one-year-old child. The court found that the High Court had properly considered all relevant circumstances, including the...
Source-derived case information.
- Citation
- [2005] KECA 118 (KLR)
- Parties
- Appellant: Stephen Kibet Kirui; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 60 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
Stephen Kibet Kirui
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of ten years imprisonment for manslaughter was harsh or excessive in the circumstances.
- 2 Whether the appellant's plea for leniency due to illness (T.B.) warranted interference with the sentence.
Ratio Decidendi
The Court of Appeal held that the sentence of ten years imprisonment for manslaughter was neither harsh nor excessive given the gravity of the offence, namely, the killing of the appellant's own one-year-old child. The court found that the High Court had properly considered all relevant circumstances, including the appellant's plea of guilty and his personal mitigation (illness), before passing sentence. There was no error in principle or manifest excessiveness to justify appellate interference. The appeal against sentence was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEALAT NAKURU(CORAM: TUNOI, O’KUBASU & WAKI, JJ.A.)Criminal Appeal 60 of 2004BETWEENSTEPHEN KIBET KIRUI ………….…………..……………….….. APPELLANTANDREPUBLIC ….……………………………………………………..RESPONDENT(Appeal from a sentence of the High Court of Kenya at Nakuru (Justice M. Apondi) dated 3rdDecember, 2003
JUDGMENT OF THE COURT
The appellant, Stephen Kibet Kirui was convicted on his own plea of guilty on a charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code and sentenced to ten (10) years imprisonment. The appellant killed his own child aged 1 year old.
The facts as admitted by the appellant were that on 5th February, 2002 at 7:30 p.m. at Teret Village within Nakuru District, the appellant while armed with a spear went to his wife’s house where a quarrel ensued. The appellant threw the spear towards his wife which spear injured both the appellant’s wife and the young child. The child died as a result of the injury sustained. The appellant was arrested and charged with murder which charge was reduced to manslaughter after the appellant offered a plea of guilty on that lesser charge.
The appellant now appeals to this Court but his appeal is against sentence only. He asks for forgiveness saying that he suffers from T.B. We have considered what the appellant has told us. These facts were taken into consideration by the superior court when it sentenced the appellant. The circumstances of the case show that the appellant killed his own child aged only one year old. This was uncalled for behaviour on part of the appellant. The sentence imposed was neither harsh nor excessive in the circumstances of the case. We have no reason to interfere. Accordingly, this appeal is dismissed. DATED and DELIVERED at NAKURU this 26th 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