Pascal Kiplimo Kiplagat & another v Republic [2018] KECA 134 (KLR)
- Court
- Court of Appeal
- Case number
- 134
- Citation
- [2018] KECA 134 (KLR)
- Decided
- 8 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureSecond appeal from the judgment of the High Court dismissing the appellants' appeal against conviction and sentence for manslaughter.CoramE. M. Githinji, Hannah Okwengu, J. Mohammed
Holding
The appeal is dismissed as the severity of the sentence is a matter of fact and not an issue of law.
Facts
On August 20, 2008, Pascal Kiplimo Kiplagat and Daniel Kipkoech Kipchumba killed Brian Kipchumba Cheruiyot in Kapindani Village, Uasin Gishu District.
Issues
- The severity of the sentence imposed by the High Court for manslaughter
Reasoning
The Court of Appeal found that the severity of the sentence is a matter of fact and not an issue of law, and thus has no jurisdiction to interfere with the lawful sentence of the courts below.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
Cases cited (3)
- Chemagong v Republic
- Reuben Karari s/o Karanja v Republic
- Paul Tanui v Republic
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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