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David Mbane Masila v. Republic

(2011) JELR 105269 (CA)

Court of Appeal  •  Criminal Appeal 190 of 2009  •  10 Jun 2011  •  Kenya

Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Joseph Gregory Nyamu



When David Mbane Masila, “the appellant” hereinafter, first appeared before the High Court on 30th November, 2007; he was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the information filed against him by the Attorney-General were that on the 16th November, 2007, at around 2.00 a.m. at Katyethoka Village, Kaveta Sub-Location in Kitui District of the Eastern Province, the appellant had murdered Kavengi Mbane. For one reason or the other, the appellant’s plea to the charge was not taken until the 18th February, 2008, when the appellant appeared before Lenaola, J; the appellant pleaded not guilty to the charge of murder. Eventually on the 16th June, 2008, the Republic reduced the charge of murder to one of manslaughter contrary to section 202 as read with section 205 of the Penal Code and when the lesser charge was read to the appellant, he pleaded guilty to it. The proceedings were…

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