SILAS MWITI GIKUNDA V. REPUBLIC

JUDGMENT OF THE COURT

SILAS MWITI GIKUNDA, the appellant, was on 28^th March, 2006 convicted by the High Court of Kenya at Meru (Sitati, J.) on his own plea of guilty to manslaughter contrary to section 202 as read with section 205 of the Penal Code and sentenced to fifteen (15) years imprisonment.

In his appeal lodged on his behalf by Mrs. Ntarangwi, Advocate, the appellant complains before us that the sentence was manifestly excessive in the circumstances of the case and that the learned trial judge had erred in imposing the sentence when it took into account his previous conviction which was contained in the Probation Officers Report whereas the record of the proceedings before the trial court had indicated that he was a first offender.

The facts presented before the trial Court and which were fully accepted by the appellant were very brief. The appellant and the deceased were seen fighting at Makutano centre within Meru Town. The cause of the fight was unknown and was never told to th…