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Joshua Muthui Beth v. Republic

(2013) JELR 100543 (CA)

Court of Appeal  •  Criminal Appeal 533 of 2010  •  20 Dec 2013  •  Kenya

Coram
Roselyn Naliaka Nambuye, John Wycliffe Mwera, William Ouko

Judgement

JUDGMENT OF THE COURT

The appellant herein Joshua Muthui Beth was initially arraigned jointly with others in the High Court at Machakos in Criminal Case No. 14 of 2009 with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.

This offence was subsequently reduced to one of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. The particulars of the offence state that Joshua Muthui Beth and 2 others between the night of 5th day of February, 2009 and 6th day of February, 2009 at Kithoni village, Kitundu sub-location, Kitundu location of Mbooni District within the Eastern Province jointly unlawfully killed Muli Maundu.

The substituted charge was read to the appellant on the 27th day of May, 2009. The appellant pleaded guilty to the charge. The facts were outlined. The appellant accepted the facts as outlined. He was then convicted on his own plea of guilty. It is noted on the record that the appellant was a first offender. A pr…

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