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Julius Amena v. Republic

(1993) JELR 100478 (CA)

Court of Appeal  •  Criminal Appeal 52 of 1991  •  3 Oct 1993  •  Kenya

Coram
Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Abdul Majid Cockar

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Gicheru, Cockar and Omolo JJ A)

CRIMINAL APPEAL NO 52 OF 1991

JULIUS AMENA.................. APPELLANT

VERSUS

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

(Appeal from a conviction and sentence, of the High Court of Kenya

at Nairobi (Mango J) dated 29.5.91

in Criminal case No 43 of 1989)

JUDGMENT

The appellant Julius Amena was, on the 29th May, 1991, convicted on a charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code. That conviction followed upon the appellant’s trial in the High Court before Mango, J, sitting with assessors on a charge of murder contrary to section 203 of the Penal Code, the particulars of which had alleged that on the 31st December, 1988 at Makadara Estate in Nairobi, the appellant murdered Paul Maina Kanji, the deceased. At the end of the trial and after the judge’s summing-up, the assessors were of the unanimous view that the appellant was guilty of murder. The learned trial judge was, however of a …

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