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Samson Montete Kotikoti v. Republic

(2005) JELR 96568 (CA)

Court of Appeal  •  Criminal Appeal 179 of 2003  •  26 Sep 2005  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT


The appellant SAMSON MONTETE KOTIKOTI was convicted on his own plea of guilty to manslaughter and sentenced to ten years imprisonment by the High Court of Kenya at Nakuru on 25th June, 2003.

The appellant for no apparent reason clubbed to death his brother's wife during the fateful evening. He alleges that he was very drunk and intoxicated and could not control himself.

In the appeal before us he asks for leniency because he is the only breadwinner of his family and that he has since contracted Tuberculosis.

We are in consonance with the learned trial Judge that the appellant has taken away the life of an innocent and defenceless young woman due to his intoxication. This is not a valid reason to kill. In the circumstances, we do not think that the custodial sentence imposed by the Court is either harsh or manifestly excessive so as to justify any interference by this Court. In the result this appeal fails and is accordingly dismissed.

DATED and DELIVERED at NAKUR…

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