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Christopher Lopeite Lokai v. Republic

(2004) JELR 103190 (CA)

Court of Appeal  •  Criminal Appeal 164 of 2003  •  28 Sep 2004  •  Kenya

Coram
Johnson Evan Gicheru, Philip Kiptoo Tunoi, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

The appellant was sentenced to 6 years imprisonment after pleading guilty to the offence of manslaughter contrary to section 205 of the Penal Code on 17.7.03. He had been in custody for a period of 4 years and 7 months. Although the Commissioner of Assize while sentencing the appellant said that he had taken into account the period the appellant had been in custody, we do not think that he did so.Considering that the offence for which the appellant was convicted and sentenced was committed in circumstances of a drunken brawl we think that taking into account the period the appellant had been in custody, the sentence of six years imprisonment was harsh in the circumstances. We consider that a sentence of 4 years imprisonment would have been appropriate. In the result, we allow the appellant’s appeal to the extent that his sentence of six years imprisonment is reduced to one of 4 years imprisonment. It is so ordered.

Dated and delivered at Eldoret this 28 th day of S…

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