JACOB KIRIMU KABIRU V. REPUBLIC

JUDGMENT OF THE COURT

The appellant Jacob Kirimu Kabiru appeared before us in person. On 28^th December 2009 he filed in this Court a memorandum of appeal wherein he has raised only one ground of appeal, namely that the sentence of ten (10) years imposed on him by the superior court on 16^th December 2009 following a plea bargaining agreement between the appellant and the State dated 10^th December 2009 was excessive and should be reduced. Pursuant to the plea bargaining agreement the charge of murder was reduced to manslaughter on 11^th December 2009. In the alternative the appellant pleads for a non custodial sentence. The facts as set out in an Information dated 12^th November 2008 were that the applicant on 24^th October 2008 at Rianugaa village in Baricho Kirinyaga District within Central Produce murdered Francis Mwangi Martin. Further facts as admitted by the appellant in the formal plea bargaining agreement are that the appellant and the deceased were taking traditional liquor. A disp…