Rex v Chenze (Criminal Appeal No. 23 of 1947) [1947] EACA 15 (1 January 1947)

### COURT OF APPEAL FOR EASTERN AFRICA

# Before Sir JOSEPH SHERIDAN, C. J. (Kenya), Sir G. GRAHAM PAUL, C. J. (Tanganyika), and THACKER, J. (Kenya)

REX. Respondent (Original Posecutor)

#### $\boldsymbol{v}$

## KITSAO WA CHENZE. Appellant (Original Accused)

### Criminal Appeal No. 23 of 1947

(Appeal from decision of H. M. Supreme Court of Kenya)

Criminal law—Manslaughter—Sentence of 20 years' H. L.—Not excessive.

The appellant stabbed his father with a knife and killed him. The stabbing occurred after a beer party and the appellant was very drunk at the time. He was convicted of manslaughter and sentenced to 20 years' H. L. He appealed against sentence.

#### Held (23-1-47).—That the sentence was not excessive in the circumstances of the case. Appeal dismissed.

#### Appellant absent, unrepresented.

#### Phillips, Crown Counsel (Kenya), for the Crown.

JUDGMENT (delivered by SIR JOSEPH SHERIDAN, C. J.).-In this case where the accused appeals on the ground of severity of sentence it is not inappropriate to say that the accused was probably fortunate in not having been found guilty of murder. He was sentenced to 20 years' H. L. for manslaughter. The learned Judge evidently considered the case to be a border-line case and consequently passed a severe sentence. He also had in mind the desirability of passing such a deterrent sentence on account of the frequent killings of the kind at or after beer parties on the Coast. For these reasons we are not prepared to hold that the sentence is excessive and we dismiss the appeal.