Peter Kiaka Kawisya v Republic [2013] KECA 44 (KLR)

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM:  MARAGA, OUKO & J. MOHAMMED, JJ.A)

CRIMINAL APPEAL NO. 614 OF 2010

BETWEEN

PETER KIAKA KAWISYA………....……………………………………..APPELLANT

AND

REPUBLIC……..……………………………………………………….RESPONDENT

            (Appeal from a sentence of the High Court of Kenya at Machakos

            (Sitati, J) dated 11^th May 2007 in HCCRC. NO. 40 OF 2006)

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JUDGMENT OF THE COURT

1. 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 fiendin 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 Counsel, left the matter to us.