Case Metadata |
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| Case Number: | Criminal Appeal 74 of 1979 |
|---|---|
| Parties: | Emmanuel Wanyonyi v Republic |
| Date Delivered: | 12 Jun 1980 |
| Case Class: | Criminal |
| Court: | Court of Appeal at Kisumu |
| Case Action: | Judgment |
| Judge(s): | Eric John Ewen Law, Chunilal Bhagwandas Madan, Kenneth D Potter |
| Citation: | Emmanuel Wanyonyi v Republic [1980]eKLR |
| Court Division: | Criminal |
| County: | Kisumu |
| Case Summary: | Emmanuel Wanyonyi v Republic Court of Appeal, Kisumu 12th June 1980 Madan, Law & Potter JJ A Criminal Appeal 74 of 1979 Criminal law – sentence - factors affecting sentence - consumption of chang’aa. No case was referred to in the judgment. Appeal Emmanuel Wanyonyi appealed to the Court of Appeal (Criminal Appeal 74 of 1979) against the sentence of eight years’ imprisonment imposed on him by Cotran J on 28th November 1979 in Criminal Case No 51 of 1979 after he had pleaded “guilty” to manslaughter. |
| Case Outcome: | Appeal against sentence allowed. |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
IN THE COURT OF APPEAL
AT KISUMU
(Coram: Madan, Law & Potter JJ A)
CRIMINAL APPEAL 74 OF 1979
BETWEEN
EMMANUEL WANYONYI ...........................APPELLANT
AND
REPUBLIC.................................................RESPONDENT
(Appeal for Cotran J on 28th November 1979 in Criminal Case No 51 of 1979 )
JUDGMENT
The appellant was convicted on his own plea of “guilty” to manslaughter and was sentenced to imprisonment for eight years.
The deceased’s post mortem examination showed he had a stab wound on the right frontal region of the head, bruises on the chest and subdural haematoma. According to the prosecution case, the deceased was beaten with rungus and pangas.
In sentencing the appellant the judge described it as a very bad case. He pointed out that in fact two men were killed, the deceased and another person, only upon suspicion of stealing their employer’s tools. The sentence of eight years’ imprisonment cannot be said to be wrong in principle; but we feel that the appellant may have been very much under the influence of the chang’aa which he had admittedly consumed on the afternoon of the crime, to the extent of unduly inflaming his resentment against the deceased. In all the circumstances, and having regard to the appellant’s previous good character and to his long period of detention before trial (fifteen months) we feel that his sentence is unduly heavy, and reduce it to one of five years’ imprisonment.
Appeal against sentence allowed.
Dated and delivered at Kisumu this 12th day of June 1980.
C.B MADAN
……………......
JUDGE OF APPEAL
E.J.E LAW
……………......
JUDGE OF APPEAL
K.D POTTER
……………......
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR
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