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Kilonzo Kithunga v. Republic

(2010) JELR 99835 (CA)

Court of Appeal  •  Criminal Appeal 186 of 2009  •  24 Mar 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram

Judgement

JUDGMENT OF THE COURT

The appellant was convicted of the lesser charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code, having initially been charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Before he was sentenced, the trial Judge (Lenaola J.), requested for and was given a probation officer’s report on the appellant which was adverse to him. In the report the probation officer noted that the appellant is known to have a violent temperament, had threatened family members with death, and had on several occasions attempted to shoot one of his sons known as Nzomo, with an arrow.

The trial Judge upon reading the probation officer’s report and his recommendation that the appellant’s was not a fit case for probation, decided to sentence him to an imprisonment term of 10 years.

In his appeal he challenges the sentence and complains that it is too severe. He pleaded with us to consider reducing it on the gr…

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