REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CORAM: D.S MAJANJA J. CRIMINAL APPEAL NO. 40 OF 2019 PETER OMBATI .........................APPELLANT VERSUS REPUBLIC................................RESPONDENT (Appeal from the original conviction and sentence of Hon. S.N Makila – SRM dated 17 th May 2017 at the Chief Magistrate’s Court at Kisii in Criminal Case No. 311 of 2017) JUDGMENT 1. This is an appeal regarding sentence only as the appellant, PETER OMBATI, pleaded guilty for the offence of manslaughter contrary to section 202 of the Penal Code (Chapter 63 of the Laws of Kenya). The charge against him was that on 2 nd February 2017 at Bomariba Location in Kisii South Sub-County, by an unlawful act he caused the death of Winfrida Bosibori. He was sentenced to serve 7 years’ imprisonment. 2. Since this is an appeal on sentence, the court’s jurisdiction to review the sentence is circumscribed. It has jurisdiction to interfere with a sentence imposed by the trial court if it is satisfied that in arriving at the sentence, the trial court did not take into account a relevant factor or that it took into account an irrelevant factor or that in all the circumstances of the case, the sentence is harsh and excessive (see Wanjema v Republic [1971] EA 493). 3. The facts of the case accepted by the appellant were that on the evening of 2 nd February 2017 after drinking at a local changaa den he went home and the deceased, who was his step mother and who was also drunk, insulted him. He picked a jembe and threw it at her causing her to sustain a raptured spleen which led to her death. 4. Before sentencing the trial magistrate ordered a Sentencing Review report which showed that he had been assaulting the deceased in the past and she had sustained serious injuries including loss of her teeth. He had also been threatening his sisters if they revealed what he had been doing to the mother. The report also painted the appellant as a serial offender who would cause harm if released on a non-custodial sentence. 5. The trial magistrate reviewed the report and considered that although the appellant was young, aged 27 years, and remorseful, a custodial sentence of 7 years’ imprisonment was deserved in the circumstances. 6. I find that the trial court considered all the circumstances and the sentence imposed is in line with sentences imposed by this court for the offence of manslaughter. I do not find any reason to interfere with an otherwise lawful sentence. 7. The appeal is dismissed. Dated and delivered at Kisii this 20th day of May 2019. D.S MAJANJA JUDGE Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions. Appellant in person.
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.