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David Mwangi Ndirangu v. Republic

(2011) JELR 102801 (CA)

Court of Appeal  •  Criminal Appeal 275 of 2010  •  1 Dec 2011  •  Kenya

Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki



The appellant David Mwangi Ndirangu was convicted on his own plea of guilty to the charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code and sentenced to a term of ten (10) years imprisonment by the High Court (Sergon, J.) on 23rd July, 2010. The facts that gave rise to his plea of guilty were as follows: The appellant and the deceased were brothers, the appellant being the elder of the two. They had a long standing land dispute. On that fateful day of 14th January, 2000, the appellant went to the Muranga Law Courts to attend a hearing in respect of a case in which he was the respondent, and his younger brother, the deceased, the complainant. While there, he received a phone call from his wife complaining that she had been driven out of her house by the deceased. The appellant rushed home in anger, picking a panga and a piece of wood. On the way, he met the deceased’s daughter, Pauline Waithera, and expressed anger at her, askin…

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