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(1983) JELR 105245 (CA)

Court of Appeal  •  crim app 57 of 83  •  20 Jun 1983  •  Kenya

Zakayo Richard Chesoni Alister Arthur Kneller Kenneth D Potter



The appellant Fanuel Jabuya Ajwang’ was convicted on his own plea of guilty to the manslaughter of his wife Helenia on May 18, 1982, contrary to Section 205 as read with Section 202 of the Penal Code (Cap 63). He had originally been charged with the murder of Helenia, but his offer to plead guilty to the lesser offence of manslaughter was accepted by the prosecution. He was sentenced to two (2) years’ imprisonment and he had been in custody for almost one year before he was tried. He has appealed against sentence only.

The brief facts which were put before the learned Judge by the prosecution and were accepted as correct by the defence were that the deceased operated a hotel at Sondu Market in south Nyanza District. On the night of May 17, 1982 the appellant went to his home which is about 3 kms from the market. He did not find the deceased wife at home.

He went back to the market, but again he was unlucky and did not find her there, so he decided to go back home ar…

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