JULIUS KITHINJI M\'KWARIA V. REPUBLIC

JUDGMENT OF THE COURT

1. JULIUS KITHINJI M’KWARIA (appellant) was in the first instance arraigned before the High Court at Meru on the 9^th June 2005; he was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, Cap 63, laws of Kenya. Subsequently, the original charge of murder was substituted with one of manslaughter contrary to section 202 as read together with section 205 of the Penal Code. The particulars of the charge stated that:

“On the 6^th day of March 2005 at Marimba sub-location in Meru Central District within Eastern Province, unlawfully killed NICHOLAS KIREMA’’

2. After the charge was read to him, he pleaded guilty and admitted the particulars of the offence and facts on how the offence was committed as read out to him by Mr. Muteti the prosecuting counsel. The learned Judge convicted the appellant on his own plea of guilt, and after the mitigation he was sentenced to fifteen (15) years imprisonment. The appellant is aggrieved b…