Joseph Gacheru Gathoni v Republic [2001] KECA 102 (KLR)

IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, SHAH & KEIWUA, JJ.A. CRIMINAL APPEAL NO. 138 OF 2000 BETWEEN JOSEPH GACHERU GATHONI .................................APPELLLANT AND REPUBLIC ...............................................................RESPONDENT (Appeal against a conviction and sentence of the High Court of Kenya at Nairobi (Hon. Mr. Justice Mbogholi, Msaghah) dated 20th May, 2000 in H.C.CR.APPEAL NO. 22 OF 2000) **************** JUDGMENT OF THE COURT The appellant, Joseph Gathoni, was convicted of manslaughter on his own plea of guilty and sentenced to 7 years imprisonment. He was originally charged with murder but the charge was later reduced to manslaughter. The appellant killed a friend who owed him some money and he claims that both of them were drunk and that he did not know what he was doing. After the incident the appellant disappeared and remained at large for one year and 4 months. He also has a record of previous conviction for theft. In sending the appellant down for 7 years we think the learned Judge was quite lenient and consequently we do not agree with the appellant's view that the sentence is either harsh or excessive. Accordingly, this appeal fails and is dismissed. Dated and delivered at Nairobi this 31st day of January, 2001. R. O. KWACH ………………….. JUDGE OF APPEAL A. B. SHAH ………………………. JUDGE OF APPEAL

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