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Joseph Kioko Muoki v. Republic

(1985) JELR 100679 (CA)

Court of Appeal  •  Criminal Appeal 133 of 1984  •  17 Sep 1985  •  Kenya

Coram
Harold Grant Platt, Alister Arthur Kneller, Chunilal Bhagwandas Madan

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Madan, Kneller JJA and Platt Ag JA )

CRIMINAL APPEAL NO. 133 OF 1984

Between

JOSEPH KIOKO MUOKI..............................APPELLANT

AND

REPUBLIC...................................................RESPONDENT

(Appeal from the High Court at Nairobi, Aganyanya J)

JUDGMENT

This is a first, and last appeal, and it is by Joseph Kioko Muoki from the sentence of three and a half years imprisonment passed on him by Mr Justice Aganyanya in the High Court at Nairobi when he pleaded guilty to manslaughter on July 24 1984.

The appellant asks this court to ‘consider’ this sentence and reduce it for the following reasons.

He was not in full possession of his faculties when he unlawfully killed Peter Mutinda Mbula on March 12, 1982 at Muthethe in Muthetheni location in the Machakos area. He was drunk and so did not recognize the victim as a neighbour and member of his clan. He thought he, and two others with him, were about to rob him of his bicycle. He now bitterly reg…

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