Samson Montete Kotikoti v Republic [2005] KECA 115 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (CORAM: TUNOI, O’KUBASU & WAKI, JJ.A.) Criminal Appeal 179 of 2003BETWEENSAMSON MONTETE KOTIKOTI ……………………..…………… APPELLANT AND REPUBLIC …………………………………………………………. RESPONDENT

(Appeal from a sentence of the High Court of Kenya at Nakuru (Justice M. Apondi) dated 25th day of September, 2005. in H.C.CR.C. NO. 12 OF 2002) *********************

JUDGMENT OF THE COURT The appellantSAMSON MONTETE KOTIKOTIwas convicted on his own plea of guilty to manslaughter and sentenced to ten years imprisonment by the High Court of Kenya at Nakuru on 25th June, 2003.

The appellant for no apparent reason clubbed to death his brother's wife during the fateful evening. He alleges that he was very drunk and intoxicated and could not control himself.

In the appeal before us he asks for leniency because he is the only breadwinner of his family and that he has since contracted Tuberculosis.

We are in consonance with the learned trial Judge that the appellant has taken away the life of an innocent and defenceless young woman due to his intoxication. This is not a valid reason to kill. In the circumstances, we do not think that the custodial sentence imposed by the Court is either harsh or manifestly excessive so as to justify any interference by this Court. In the result this appeal fails and is accordingly dismissed.

DATED and DELIVERED at NAKURU this 26th day of September, 2005.

P.K. TUNOI JUDGE OF APPEAL E.O. O'KUBASU JUDGE OF APPEAL P.N. WAKI JUDGE OF APPEAL

I certify that this is a true copy of the original. DEPUTY REGISTRAR