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Josephat Masaku Mutunga v. Republic

(2010) JELR 100562 (CA)

Court of Appeal  •  Criminal Appeal 100 of 2008  •  16 Jul 2010  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

In an information on murder filed in the superior court at Machakos on 2nd August, 2007, the appellant, Josphat Masaku Mutunga was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.

However, before he could plead to the charge of murder on 4th March, 2008, the Attorney General filed an information on manslaughter in substitution of the earlier charge. The information stated:-

“On the night of 4th and 5th of July 2007 at Mbilini Village in Machakos District within the Eastern Province unlawfully killed Florence Mbithe Masaku.”

The plea was taken on 4th March, 2003 and the appellant pleaded guilty to the charge of manslaughter contrary to sections 202 as read with section 205 of the Penal Code.

Following the plea, Mr Omirera, learned State Counsel in an outline of facts stated that the deceased was the accused’s wife; that their marriage was not happy and was strained on account of the deceased starting a carpentry wor…

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