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Peter Kibet Chepkwony v. Republic

(2007) JELR 95050 (CA)

Court of Appeal  •  Criminal Appeal 61 of 2006  •  25 Sep 2007  •  Kenya

Philip Kiptoo Tunoi, Erastus Mwaniki Githinji, William Shirley Deverell



The appellant, Peter Kibet Chepkwony, was convicted on his own plea of guilty of manslaughter by the High Court of Kenya at Nakuru, Kimaru, J. on 22nd February, 2006 and was sentenced to twelve (12) years imprisonment. This is his first and final appeal on sentence.

The appellant complains that the sentence imposed upon him is harsh and should be appropriately reduced because he was very drunk when he killed the deceased, his elder brother, and that in prison he has suffered multiple and frequent illnesses.

On the material day at about 6.30 p.m. the deceased was relaxing on a seat outside his house when the appellant arrived and demanded fare to travel to Narok for an undisclosed mission. The deceased was unable to produce any money and this apparently infuriated the appellant who rushed to pick an axe with which he hacked the deceased chopping off his head.

There was no reason whatsoever for the appellant to resort to the use of a lethal weapon. Moreover, the cause …

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