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PETER KORIR NGETICH V. REPUBLIC

(2005) JELR 96866 (CA)

Court of Appeal  •  Criminal Appeal 163 of 2002  •  22 Feb 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

The appellant was convicted on his own plea of guilty on a charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code. This was an unfortunate incident in which the deceased met his death only for trying to help and stop arguments between two people.

The appellant was sentenced to fifteen (15) years imprisonment. He now pleads with us to reduce the sentence. He tells us that he is aged 23 years.

We have considered the circumstances under which the offence was committed and in our view a sentence of 15 years imprisonment imposed on a young man who readily admitted the charge would appear harsh and excessive. We therefore reduce the sentence to ten (10) years imprisonment.

Made at Nakuru this 22nd day of February, 2005.

R.S.C. OMOLO

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JUDGE OF APPEAL

E.O. O’KUBASU

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JUDGE OF APPEAL

W.S. DEVERELL

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AG. JUDGE OF APPEAL

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