Isaac Pkite Andiemo v Republic [2009] KECA 142 (KLR)

Court of Appeal of Kenya

25 September 2009

EOE. O. O'Kubasu EGE. M. Githinji DAD. K. S. Aganyanya

1,098 words in judgment

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The bottom line

Kenya's Court of Appeal confirmed that a 7-year manslaughter sentence will stand unless it broke legal rules, ignored key factors, or was clearly excessive.

What this practically means

Executive summary

The appellant, Isaac Pkite Andiemo, was originally charged with murder before Ombija, J. at the High Court in Kitale, arising from the fatal stabbing of the deceased, Veronicah Lodwar, during a drunken quarrel over a heifer on 11 June 2008. Following plea bargaining, the charge was substituted with manslaughter contrary to section 202 as read with section 205 of the Penal Code, to which he pleaded guilty on 31 March 2009. After the State stated the facts, which he admitted, and mitigation was offered (intoxication and first offender status), the trial Judge sentenced him to 7 years imprisonment. He appealed to the Court of Appeal at Eldoret on six grounds, essentially contending that his mitigation and the circumstances of the offence were not adequately considered, that the deceased was his grandmother, that he was a first offender with dependants, and that a non-custodial or community service sentence would have been preferable. A single judgment of the Court (O'Kubasu, Githinji and Aganyanya, JJA) heard the appeal on 22 September 2009. The Court applied the test in Republic v Jagani & Another [2001] KLR 590, under which a sentence may be disturbed only where it offends legal principles, ignores relevant factors, relies on extraneous matters, or is manifestly excessive. Finding that the trial Judge had considered the mitigating factors and that the circumstances were aggravating, the Court held the sentence justified and dismissed the appeal in its entirety, leaving the 7-year sentence intact. No costs order was made.

Key legal issues

Whether the appellate court was entitled to interfere with the sentence of 7 years imprisonment for manslaughter on a plea of guilty

Holding

The appeal against sentence failed; the sentence was lawful, took into account the mitigation and the aggravating circumstances, and was not manifestly excessive.

Reasoning

The Court reaffirmed the settled test in Republic v Jagani & Another for interfering with sentencing discretion: sentence must be against legal principle, must have failed to consider relevant factors or must have considered irrelevant/extraneous matters, or must be manifestly excessive. The trial Judge had expressly considered the circumstances of the stabbing, the intoxication and the appellant's status as a first offender. The circumstances - stabbing the deceased over a heifer - were aggravating, so the sentence was justified and the appeal was dismissed.

p. 2

Legal principles established

An appellate court may interfere with a sentence passed in the exercise of a trial judge's discretion only where the sentence is against legal principles, where relevant factors were not considered or irrelevant or extraneous matters were considered, or where the sentence is manifestly excessive in the circumstances of the case.

Court orders

1.Appeal dismissed in its entirety
2.Sentence of 7 years imprisonment imposed by the High Court left undisturbed

On appeal from: High Court of Kenya at Kitale; H.C.Cr.C. No. 20 of 2008
Jurisdiction invoked: First appeal to the Court of Appeal against sentence under the Criminal Procedure Code (Capital Case procedure; appeal against conviction on plea and sentence)

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Isaac Pkite Andiemo v Republic [2009] KECA 142 (KLR)", Case Analysis (2009). Criminal Appeal 80 of 2009. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2009/142/eng@2009-09-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.