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Alexander Kilei Kasuki v. Republic

(2010) JELR 105535 (CA)

Court of Appeal  •  Criminal Appeal 134 of 2006  •  12 Feb 2010  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire



ALEXANDER KILEI KASUKI, the appellant, was on 30th November 2001 charged before the Senior Principal Magistrate, Machakos, with six counts of attempted murder contrary to section 220(b) of the Penal Code. However, he was convicted on four counts and sentenced to serve 15 years imprisonment on each count, the sentences being ordered to run concurrently. His first appeal to the High Court of Kenya, at Machakos (Wendoh J), was dismissed and the convictions and the sentences were upheld and hence this second appeal.

The appellant was at the material time employed as Administration Police Officer based at the D.C.’s office at Wote, Makueni District. On the 8th November 2001 at about 6.00 p.m he reported as usual for duty at the D.C.’s office. taking over from his colleague who had signed off. The appellant was in the course of his duty armed with an official G. 3 rifle containing twenty rounds of ammunition. At about 6.00 a.m. the next morning he ventured into Wote town…

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