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Nelson Ambani Mbakaya v. Republic

(2016) JELR 98482 (CA)

Court of Appeal  •  Criminal Appeal 1 of 2016  •  27 May 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The only issue in this first appeal is whether we should interfere with the sentence of 15 years imprisonment imposed upon the appellant, Nelson Ambani Mbakaya, by Odero, J. on 26th July 2013, after convicting him for the offence of manslaughter. The State concedes the appeal, submitting that from the circumstances under which the offence was committed and the appellant’s mitigating statement, the sentence was manifestly excessive.

A brief background to the appeal is essential before we consider the merits of the appeal against sentence. By the time of her death, the appellant was married to the deceased, Doreen Ayuma for a period of about three years. They lived in a room behind a shop, which the appellant was running, at Kipevu area in Changamwe, Mombasa. Also living with them was the appellant’s five-year-old daughter from a previous relationship.

The relationship between the couple became quite strained in the last 6 months of the deceased’s life. The source of …

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