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Charles Kiprono Langat v. Republic

(2007) JELR 103290 (CA)

Court of Appeal  •  Criminal Appeal 173 of 2004  •  27 Feb 2007  •  Kenya

Coram
Johnson Evan Gicheru, Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

In this appeal the appellant had pleaded guilty to the offence of Manslaughter contrary to section 202 as read with section 205 of the Penal Code. He was convicted and sentenced to 7 years imprisonment by the High Court of Kenya sitting at Nakuru. It is against this sentence that he now appeals to this Court. The thrust of his appeal both in his five grounds of appeal and his submission before us is that he was drunk when he committed the offence in respect of which he pleaded guilty, convicted and sentenced as is set out above and that he is the only provider for his children which he cannot effectively do while incarcerated in prison besides his continued ill health. He therefore seeks a reduction of his 7 years imprisonment pleading that he was drinking a native brew with the deceased whom he thought had taken his money – K.Shs.500/=.

Counsel for the respondent, Mr. P.M. Gumo, however, submitted that the sentence metted out on the appellant should be maintained …

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