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(1983) JELR 105653 (CA)

Court of Appeal  •  Criminal Appeal 49 of 1983  •  21 Jun 1983  •  Kenya

Alan Robin Winston Hancox Alister Arthur Kneller David Christopher Porter



The appellant appeals against a sentence of imprisonment of 21/2 years imposed on him after he had pleaded guilty to the manslaughter of Maria Atieno Oduyo, who was at the material time living with him as his wife.

On the night of June 5, 1981, there was a quarrel between the two because the deceased, having been away all day, arrived home drunk. The appellant beat the deceased with a stick on her left shoulder and neck and pushed her against the wall. Shortly after he discovered her dead in bed and, instead of reporting the matter, threw the body down the latrine pit, where it was discovered as a skeleton over 4 months later, after inquiries had been made about the deceased and the appellant interrogated by the police. The post mortem showed that the deceased died from a fractured skull with consequent bleeding inside the skull.

It may be that the appellant had already been in custody for some 18 months when he was sentenced and that he is now as he says, fully rep…

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