JOHN GACHUI SAMWEL V. REPUBLIC

JUDGMENT OF THE COURT

John Gachuhi Samwel, the appellant herein, was originally charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The appellant pleaded not guilty to the charge of murder. Subsequently that charge was reduced to one of manslaughter contrary to section 202 as read with section 205 of the Penal Code. The appellant pleaded guilty to the lesser charge the particulars of which were that on the 7^th day of May, 2005 at Kayole Estate in Nyandarua District within Central Province unlawfully “killed” James Nyagah Mwangi. The correct terminology used in section 202 of the Penal Code which defines “manslaughter” is the unlawful causing of death by an act or omission but nothing turns on the use of the word “kill” as set out in the charge sheet and in this appeal we shall not concern ourselves with the use of the expression “unlawfully killed” rather than “unlawfully causing death.” In this case the expression occasioned no injust…