IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KWACH, SHAH & KEIWUA, JJ.A.
CRIMINAL APPEAL NO. 138 OF 2000
BETWEEN
JOSEPH GACHERU GATHONI .................................APPELLLANT
AND
REPUBLIC ...............................................................RESPONDENT
(Appeal against a conviction and sentence of the High
Court of Kenya at Nairobi (Hon. Mr. Justice Mbogholi,
Msaghah) dated 20th May, 2000
in
H.C.CR.APPEAL NO. 22 OF 2000)
****************
JUDGMENT OF THE COURT
The appellant, Joseph Gathoni, was convicted of manslaughter on his own plea of guilty and sentenced to 7 years imprisonment. He was originally charged with murder but the charge was later reduced to manslaughter.
The appellant killed a friend who owed him some money and he claims that both of them were drunk and that he did not know what he was doing. After the incident the appellant disappeared and remained at large for one year and 4 months.
He also has a record of previous conviction for theft. In sending the appellant down for 7 years we think the learned Judge was quite lenient and consequently we do not agree with the appellant's view that the sentence is either harsh or excessive. Accordingly, this appeal fails and is dismissed.
Dated and delivered at Nairobi this 31st day of January, 2001.
R. O. KWACH
…………………..
JUDGE OF APPEAL
A. B. SHAH
……………………….
JUDGE OF APPEAL
M. KEIWUA
……………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR