Isaack Kiratu Munyiri v Republic [2015] KECA 1001 (KLR)

Facts

The appellant, Isaack Kiratu Munyiri, was charged with occasioning grievous harm. The prosecution alleged that he slashed his mother, Beth Wambui Munyi, with a panga on December 11, 2006, while she was on her way to the farm. The appellant admitted to the attack but claimed it was due to the influence of alcohol.

Issues

1. Whether the Court of Appeal has jurisdiction to consider the issue of severity of sentence on a second appeal.
2. Whether the appellant's sentence of life imprisonment was excessive and harsh.

Reasoning

The Court of Appeal relied on the principle that the Court does not alter a sentence unless the trial judge has acted upon wrong principles or overlooked some material factors. It also cited Section 361(1)(a) of the Criminal Procedure Code, which states that a party to an appeal from a subordinate court may appeal against a decision of the High Court on a matter of law, but not on a matter of fact, including severity of sentence.

Outcome

Appeal dismissed

Authorities cited