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
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p> The appellant was convicted on his own plea of guilty on a charge of manslaughter contrary to<em> section 202</em> as read with <em>section 205</em> 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.</p><p> 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.</p><p> 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.</p><p> Made at Nakuru this 22nd day of February, 2005.</p><p>R.S.C. OMOLO </p><p> ............................</p><p> JUDGE OF APPEAL </p><p> E.O. O’KUBASU </p><p> ...............................</p><p> JUDGE OF APPEAL </p><p> W.S. DEVERELL </p><p> ..................................</p><p> AG. JUDGE OF APPEAL</p><p> I certify that this is a …</p>