Case Metadata |
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Case Number: | Criminal Appeal 154 of 1981 |
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Parties: | Chepkochei Arap Kopwe v Republic |
Date Delivered: | 22 Mar 1982 |
Case Class: | Criminal |
Court: | Court of Appeal at Nairobi |
Case Action: | Judgment |
Judge(s): | Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter |
Citation: | Chepkochei Arap Kopwe v Republic [1982] eKLR |
Court Division: | Criminal |
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 NAIROBI
(Coram: law, Miller and Potter, JJ.A)
CRIMINAL APPEAL NO 154 OF 1981
BETWEEN
CHEPKOCHEI ARAP KOPWE …...............APPELLANT
AND
REPUBLIC.............................................. RESPONDENT
(Appeal from a sentence of the High Court of Kenya at Nakuru (Nyarangi, J) dated 18th April, 1978 in
High Court Criminal Case No.25 of 1978)
JUDGEMENT OF THE COURT
In appellant struck the deceased a single blow on the head with a panga causing death from a fractured skull. Apparently it happened at a drinking party, and the deceased may have offered some provocation by helping himself tot he appellant’s drink. The appellant was sentenced to 10 years imprisonment on conviction on his own plea of guilty to manslaughter. He is said to have 3 relevant previous convictions but particulars of these are not stated. We think the sentence of 10 years excessive for an unpremeditated killing at a drinking party. We set it aside, and substitute a sentence of 6 years imprisonment.
Delivered at Nairobi this 22nd day of March, 1982.
E.J.E. LAW
JUDGE OF APPEAL
C.H.E. MILLER
JUDGE OF APPEAL
K.D. POTTER
JUDGE OF APPEAL