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Court of AppealDismissedCriminal Appeal 61 of 2006

Peter Kibet Chepkwony v Republic [2007] KECA 191 (KLR)

Court of Appeal of Kenya
25 September 2007
Philip Kiptoo TunoiP. K. TunoiEGE. M. GithinjiWDW. S. Deverell
346 words in judgment
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The bottom line

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Being drunk when you offend or falling ill in prison will not get your sentence reduced, Kenya's Court of Appeal has confirmed.

What this practically means

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Executive summary

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The appellant, Peter Kibet Chepkwony, appealed to the Court of Appeal at Nakuru against a sentence of twelve years imprisonment imposed by the High Court (Kimaru, J) after he pleaded guilty to manslaughter for killing his elder brother with an axe. The appellant argued the sentence was harsh and should be reduced on two grounds: that he was very drunk when he committed the offence, and that he had suffered multiple and frequent illnesses while in prison. The facts showed that on the material evening the appellant demanded fare money to travel to Narok and, when his brother could not produce any, he fetched an axe and hacked the deceased to death, chopping off his head. The court found no justification for resorting to a lethal weapon, observed that the money demanded did not belong to the appellant, and concluded that the deceased had lost his life over a frivolous demand. Holding the sentence merited, neither harsh nor manifestly excessive, the Court declined to interfere and dismissed the appeal in its entirety. The judgment was delivered as a single judgment of the whole court by Tunoi, Githinji and Deverell, JJA, on 25th September 2007. As a decision of the Court of Appeal, it binds subordinate courts on the principle that drunkenness and prison illness do not warrant reduction of a proportionate manslaughter sentence. No costs order was made.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the sentence of twelve years imprisonment imposed for manslaughter was harsh or manifestly excessive and ought to be reduced

Key legal issues

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01

Whether drunkenness and ill-health in prison justify interference with a lawful manslaughter sentence

Holding

They do not; the sentence imposed was proportionate to the gravity of the unprovoked killing.

Reasoning

The appellant killed his elder brother with an axe, hacking off his head, over a frivolous demand for fare money. There was no reason to resort to a lethal weapon, and the cause of the attack could not be visited on the deceased. Against that gravity, the court held the twelve-year sentence was merited and not harsh or manifestly excessive, so no basis existed to reduce it.

p. 1

Legal principles established

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  • A first appellate court will not interfere with a sentence that is neither harsh nor manifestly excessive, even where the appellant was drunk at the time of the offence and has suffered illnesses in prison.

Court orders

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  1. 1.The appeal is dismissed

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Philip Kiptoo Tunoi
majority
EG
majority
WD
majority
On appeal from
High Court of Kenya at Nakuru
H.C.CR.C. No. 124 of 2003
Jurisdiction invoked
First appellate jurisdiction over an appeal on sentence following conviction on a plea of guilty to manslaughter (Criminal Appeal 61 of 2006, Nakuru)

Relief refused

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Reduction of the twelve-year imprisonment sentence

The court found the sentence neither harsh nor manifestly excessive and the grounds of drunkenness and illness in prison insufficient

p. 1

Costs

No costs order was made in the judgment.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The sentence was merited in the circumstances and there is no reason for us to interfere with it because it is neither harsh nor manifestly excessive.
p. 1Interference with sentence on appeal
This appeal is without merit and is hereby ordered dismissed.
p. 1Final orders - dismissal of appeal

Issues in the judgment

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minor

The header states the appeal is from a sentence dated 22nd February, 2003, while the body states the appellant was convicted and sentenced on 22nd February, 2006; the year in one of the two dates appears erroneous.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Peter Kibet Chepkwony v Republic [2007] KECA 191 (KLR)", Case Analysis (2007). Criminal Appeal 61 of 2006. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2007/191/eng@2007-09-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.