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PETER KIAKA KAWISYA
V.
REPUBLIC

(2013) JELR 94589 (CA)

Court of Appeal 20 Dec 2013 Kenya
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Case Details

Suit Number:Criminal Appeal 614 of 2010
Judges:David Kenani Maraga JA William Ouko JA Jamila Mohammed JA
Location:Nairobi
Other Citations:Peter Kiaka Kawisya v. Republic [2013] eKLR

JUDGMENT OF THE COURT

PETER KIAKA KAWISYA, the appellant, was, upon his plea of guilty to a charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code convicted and sentenced to fifteen years imprisonment. He has appealed to this court against that sentence which he has described in his memorandum of appeal as harsh and excessive.

At the hearing of the appeal, the appellant pleaded for the reduction of the sentence contending that he is remorseful and that the probation officer’s report that he is a village fiend in his home area preying on drunkards and robbing them of their possessions is not true. In respect of the appeal, he said he had no reason to do any harm to the deceased leave alone kill him. At the material time he was very drunk and that he pushed the deceased out of drunkenness. He concluded that he is a widower with young children who have nobody to take care of them. This being an appeal against sentence only, Mr. Kivihya, the learned State …

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