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(1985) JELR 105645 (CA)

Court of Appeal  •  crim app 143 of 83  •  24 Jun 1985  •  Kenya

James Onyiego Nyarangi, Harold Grant Platt, Alan Robin Winston Hancox



Joseph Ndung’u Mburu, the appellant, was convicted of manslaughter contrary to section 205 of the Penal Code and sentenced to 7 years imprisonment by Mr Justice Todd on August 26, 1983 in the High Court at Nairobi.

The appellant asks this court to reduce this sentence now to such a period that will result in his release today so that he can rejoin his family because his absence has caused its members great suffering. He lists them as his mother and two sisters. He mentions that he committed this offence when he was 22 and he did not know at that time what he was doing. We presume by that he means he did not realize fully the enormity of what he did.

He slashed his father about the head with a cutlass until he died. This was on 27, July 1982 and near a river at Gatitu in the Murang’a District as they went home together from the shop his father had in Gatitu. His father was 55 years old. The post-mortem revealed that the cause of death was deep cut wounds into the brain due to in…

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