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Paul Otwera Nyamwanga v. Republic

(2006) JELR 96499 (CA)

Court of Appeal  •  CRIMINAL APPEAL NO. 163 OF 2004  •  28 Feb 2006  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

The appellant was convicted on his own plea of guilty to manslaughter and sentenced to seven (7) years imprisonment.

In the appeal before us, the appellant prays for the reduction of the sentence on the ground that it is excessive in view of the fact that the killing took place after the appellant and the deceased had taken a lot of alcohol and both were intoxicated.

The facts recorded by the trial court show that the appellant is a person of ungovernable temper who killed the deceased and injured another person without much provocation. He resorted to the use of a lethal weapon without any justification whatsoever. Taking into account all the facts and circumstances of the case, we are of the view that the sentence imposed by the trial court is neither harsh nor manifestly excessive. It is indeed well merited and appropriate and there are no grounds for interfering with it. This appeal is ordered dismissed.

Dated and delivered at Nakuru this 28th day of February, 20…

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