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HARUN KAMAU MWANIKI V. REPUBLIC

(2011) JELR 105209 (CA)

Court of Appeal  •  Criminal Appeal 305 of 2009  •  10 Jun 2011  •  Kenya

Coram
Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

On the basis of an information dated 14th July 2009, filed into the Court on the same date, the appellant, Harun Kamau Mwaniki, was arraigned before the High Court at Nakuru with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars were that on the 5th day of July 2009 at Seria village, in Laikipia West District within the Rift Valley Province he murdered Zipporah Njeri Kamau. He pleaded not guilty to that charge and a plea of not guilty was entered against him. That was on 15th July 2009. The case was thereafter fixed for hearing on 13th October 2009. On that date, Mr. Maragia, the learned counsel representing the appellant informed the court that the appellant would offer a plea to a lesser charge of manslaughter and Mr. Njogu, the learned State Counsel sought time to consider that offer. Apparently, Mr Njogu acceded the request and on 19th October 2009, the appellant was charged with the offence of manslaught…

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