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Charles Kariuki Mukiria v. Republic

(2002) JELR 103293 (CA)

Court of Appeal  •  Criminal Appeal 105 of 2002  •  8 Nov 2002  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu

Judgement

JUDGMENT OF THE COURT

The appellant Charles Kariuki Mukiria , was convicted on his own plea of guilty on a charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code (Cap.63 Laws of Kenya) and sentenced to ten years imprisonment by the High Court (Oguk J).

The appellant was with other police officers on patrol duties along Upper Hill road at about 4.30 a.m. when they met a group of about fifteen young men. The appellant and his colleagues identified themselves as police officers and challenged them to stop. The young men were not ready to identify themselves. The appellant who was armed with a revolver shot at the young men in a bid to scare them but unfortunately the deceased was hit by the bullet and fell down. Four of the young men were arrested while the rest made good their escape. The deceased died as a result of the bullet wound and the appellant together with his two colleagues were arrested and jointly charged with murder. The appellant was, howev…

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