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Antony Wandera Majanga v. Republic

(2001) JELR 105677 (CA)

Court of Appeal  •  Criminal Appeal 184 of 2000  •  22 Mar 2001  •  Kenya

Coram
Abdulrasul Ahmed Lakha, Effie Owuor, Bernard Chunga

Judgement

JUDGMENT OF THE COURT

The appellant, ANTONY WANDERA MAJANGA , is dissatisfied with a sentence of seven years imprisonment meted out to him by the superior court (Mbito J) sitting at Busia, following a conviction after his own plea of guilty, on a charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code .

In the petition of appeal he filed by himself he has listed four grounds of appeal upon which he desires that this Court should find it fit to interfere with the said sentence. The four grounds of appeal basically amount to one complaint in that taking into consideration the particular circumstances of his case, the seven years imprisonment sentence was manifestly excessive. The particular circumstances that he refers to are that the deceased whom he killed was his only brother. The deceased had a big family, together with his own and there is nobody left to look after them. He being the only bread-winner.

Secondly, that he was involved in a road accident…

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