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Douglas Kiprotich Kirui v. Republic

(2012) JELR 104930 (CA)

Court of Appeal  •  Criminal Appeal 190 of 2008  •  13 Jan 2012  •  Kenya

Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji



The appellant was convicted on his own plea of guilty for the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code and sentenced to ten (10) years imprisonment. He now appeals against the sentence on the main grounds, that the sentence is manifestly harsh and excessive; that the sentence is likely to ruin his life and that the sentence is likely to adversely affect his family.

The deceased, a woman aged about 48 years was in the business of selling “Busaa” – a traditional liquor in her house. On the material day the appellant went to the house of the deceased where he took some “busaa”. Thereafter the appellant became disorderly. He banged the window of the house and started making noise thereby scaring customers.

The deceased asked the appellant to stop making noise and a quarrel ensued. The appellant left the scene but went back shortly thereafter, removed a knife and stabbed the deceased on the left-ear. The deceased sustaine…

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