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(2009) JELR 102819 (CA)

Court of Appeal  •  Criminal Appeal 350 of 2007  •  22 May 2009  •  Kenya

Philip Kiptoo Tunoi, Philip Nyamu Waki, Joseph Gregory Nyamu



This is the second and final appeal by DAVID MBAU NJOROGE against his conviction for the offence of manslaughter contrary to Section 202 of the Penal Code. It was alleged in the charge sheet that on the 21st day of April, 2002 at Githembe village in Maragua District of Central Province, he unlawfully killed John Nganga Kabaru. He was tried and convicted for the offence by Murang’a Principal Magistrate, G.K. Mwaura, Esq, and the conviction was upheld by the superior court, Makhandia J. Upon his conviction the appellant was sentenced to serve 10 years in prison.

As this is a second appeal, only issues of law may be raised and considered - See Section 361 of the Criminal Procedure Code. This court has also stated, times without number, that it will not interfere with concurrent findings of fact by the two courts below unless such findings are based on no evidence at all or on a misapprehension of it or no reasonable tribunal properly directing itself to the evidence w…

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