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(1983) JELR 105632 (CA)

Court of Appeal  •  crim app 108 of 83  •  12 Jun 1983  •  Kenya

Zakayo Richard Chesoni Harold Grant Platt Alan Robin Winston Hancox



Alfayo Mario s/o Mayaka, the appellant, was originally charged with the murder on 13thAugust, 1978, of a woman named Moraa w/o Mayaka, who was either his step mother or aunt, but he was convicted on his own plea of guilty of manslaughter and sentenced by Cotran, J. to 10 years' imprisonment. He has appealed against the sentence only and he says this is because the unlawful killing was accidental as it was due to the quantity of the alcohol he had consumed; he pleaded guilty; the offence arose out of a family dispute and he was a first offender.

The appellant and the deceased were drinking traditional liqour at the house of the appellant's mother (Rebecca). The deceased asked Rabecca for her bottle and when the latter told her to wait the deceased insisted on having the bottle. The appellant picked up an axe and hit the deceased on the head with it and she died instantly The appellant ran away and was not apprehended till some months later. In mitigation his counsel…

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