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JOHN KABERI NJOROGE V. REPUBLIC

(1988) JELR 100923 (CA)

Court of Appeal  •  Criminal Appeal 186 of 1987  •  9 Oct 1988  •  Kenya

Coram
Johnson Evan Gicheru, Richard Otieno Kwach, John Mwangi Gachuhi

Judgement

JUDGMENT OF THE COURT

:The appellant, John Kaberi Njoroge, was convicted of the offence of manslaughter contrary to section 205 of the Penal Code by the High Court of Kenya sitting at Nairobi (Aragon, J.) and was sentenced to 7 years imprisonment. He now appeals tot his court against conviction and sentence.

The appellant, a District Officer in the Provincial Administration of the Office of the President and with a service of 5 years and stationed in Nakuru, was during the month of October, 1986 attending a course at the Kenya Institute of Administration, Lower Kabete on District Focus for Rural Development. He married in 1984 and during this period he had two children aged about 2 years and 7 months respectively.He had rented a single room from the deceased, James Kahuria Githu, at Ngara Railway Quarters, Nairobi where his wife and children were staying. A sister to his wife, Jedidah Wambui (P.W.9), and a maid, Monica Njeri (P.W.2), were living in the kitchen to the rented room aforeme…

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