IN THE COURT OF APPEAL FOR EAST AFRICA
AT NATROBI
(Coram: Madan, Potter JJ A and Simpson Ag JA)
CRIMINAL APPEAL NO. 62 OF 1979
BETWEEN
JOEL NGAHU ANDREW............................APPELANT
AND
REPUBLIC...................................................RESPONDENT
(Appeal against a sentence by Cockar J in the High Court, Nairobi, on 26th September 1979 in Criminal Case No 40 of 1979.)
JUDGMENT
The appellant and a co-accused were charged with murder. They pleaded “guilty” to manslaughter. No conviction was recorded by the judge. The appellant was sentenced to eleven years’ imprisonment, his co-accused to seven years; the disparity apparently being due to the fact that the judge considered that the appellant was clearly the author, that it was his fight and that he had persuaded his co-accused to join him.
In his statement of the facts State counsel said that both the appellant and his co-accused started fighting the deceased and, in the course of the fight, the deceased was stabbed. The advocates r…