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Boniface Karanja Kuria v. Republic

(2014) JELR 105295 (CA)

Court of Appeal  •  Criminal Appeal 107 of 2012  •  28 Feb 2014  •  Kenya

Erastus Mwaniki Githinji, John Wycliffe Mwera, Daniel Kiio Musinga



The appellant was convicted on his own plea of guilty on a charge of manslaughter contrary to Section 204 as read with Section 205 of the Penal Code in the Chief Magistrate’s Court at Thika. The particulars of the offence were that on the 11th day of February, 2010 at Gatumari Location within Ruiru in Thika District of the Central Province he killed Dominic Karaki Kuria. He was sentenced to life imprisonment. Being aggrieved by that sentence, the appellant filed an appeal to the High Court.

The first appellate court (Achode, J.) having heard Mr. Mwanza, the appellant’s learned counsel on a plea for reduction of the sentence, called for a Probation Officer’s report. The report was presented to court and upon perusal of the same the learned Judge came to the conclusion that there was no basis of interfering with the sentence that was imposed by the trial magistrate. The report indicated, inter alia, that the appellant was not remorseful and his neighbours and family …

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