[2000] KECA 391 (KLR)
The Court of Appeal held that, while the offence of manslaughter committed by the appellant was serious and almost deliberate, the trial judge failed to adequately consider the four years the appellant had already spent in custody prior to sentencing. The appellate court found that, in the circumstances, a sentence...
Source-derived case information.
- Citation
- [2000] KECA 391 (KLR)
- Parties
- Appellant: Thamaa Karisa Ndegwa; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 81 of ??
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed in part; sentence reduced
- Legal Topics
- Manslaughter, Sentencing Principles, Plea of Guilty, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thamaa Karisa Ndegwa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 11 years imprisonment for manslaughter was excessive in light of the appellant's circumstances.
- 2 Whether the period spent in custody prior to sentencing should have been considered in determining the appropriate sentence.
Ratio Decidendi
The Court of Appeal held that, while the offence of manslaughter committed by the appellant was serious and almost deliberate, the trial judge failed to adequately consider the four years the appellant had already spent in custody prior to sentencing. The appellate court found that, in the circumstances, a sentence of 11 years imprisonment was excessive. Taking into account the period already served, the court determined that a sentence of 7 years imprisonment was appropriate and just. The appeal was therefore allowed to the extent of reducing the sentence from 11 years to 7 years imprisonment.
Court Disposition
appeal allowed in part; sentence reduced
Orders
- The sentence of 11 years imprisonment is set aside and substituted with a sentence of 7 years imprisonment.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: GICHERU, LAKHA & OWUOR, JJ.A. CRIMINAL APPEAL NO. 81 OF 2000 BETWEEN THAMAA KARISA NDEGWA ...................................APPELLANT AND REPUBLIC ...............................................RESPONDENT
JUDGMENT OF THE COURT
The appellant was sentenced to 11 years imprisonment on a plea of guilty to Manslaughter contrary to section 205 of the Penal Code on 15th October 1999. He had been in custody for 4 years prior to this sentence. He considers this sentence to be excessive and now appeals to this Court on that account only. He had on 8th September 1995 at about 10:30 p.m. gone to the deceased's home who was his aunt and sought assistance from her and her husband as according to him, his wife was seriously sick at his home. On the way to his home he struck the deceased on the head with a stick which resulted in her death.
This was without any provocation but according to the appellant, he did so as the deceased had bewitched his family and wanted to get rid of her. In sentencing the appellant to 11 years imprisonment the learned trial judge observed that the killing of the deceased was almost deliberate and that the case before him called for a stiffer sentence. We do not disagree with the learned judge in this regard. But considering that the appellant had been in custody for a period of 4 years, we think that a sentence of 11 years imprisonment in the circumstances of the case before him was excessive.
Taking into account the period the appellant had been in custody, a sentence of 7 years imprisonment would have been appropriate. Accordingly, we allow the appellant's appeal against the sentence of 11 years imprisonment and reduce the same to one of 7 years imprisonment.
Dated and delivered at Mombasa this 25th day of July, 2000.
J.E. GICHERU
...........................
JUDGE OF APPEAL
A.A. LAKHA
.............................
JUDGE OF APPEAL
E. OWUOR
..............................
JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR