Berry Alushula Wangaya vs Republic [2000] KECA 389 (KLR)

IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, AKIWUMI & SHAH, JJ.A.) CRIMINAL APPEAL NO. 139 OF 2000 BETWEEN BERRY ALUSHULA WANGAYA .............................. APPELLANT AND REPUBLIC ............................................................. RESPONDENT

(Appeal from a sentence of the High Court of Kenya at Nairobi (Justice Mbogholi) dated 15th day of July, 1998 in H.C.CR.C NO. 46 OF 1998) **********JUDGMENT OF THE COURT

The present appeal against the sentence of 5 years imposed on the appellant for the offence of manslaughter which he pleaded to, must fail. The appellant severely attacked his pregnant wife and set her ablaze with fire. She must have died most painfully. The fact that the appellant might have been drunk at the time is no excuse at all. In our view, the learned Judge of the High Court, after taking into account all the mitigating factors urged on behalf of the appellant, rightly imposed the not unreasonable sentence of 5 years appealed against. In the result the appeal is dismissed

Dated and delivered at Nairobi this 9th day of November, 2000. J. E. GICHERU...................JUDGE OF APPEALA. M. AKIWUMI...................JUDGE OF APPEALA. B. SHAH...................JUDGE OF APPEAL

I certify that this is

a true copy of the original. DEPUTY REGISTRAR.