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JULIUS LOPEYOK WERO V. REPUBLIC

(1983) JELR 105059 (CA)

Court of Appeal  •  Criminal Appeal 50 of 1983  •  7 Oct 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Alister Arthur Kneller, Chunilal Bhagwandas Madan

Judgement

IN THE COURT OF APPEAL

AT NAKURU

(CORAM: MADAN, KNELLER JJA and CHESONI Ag JA)

CRIMINAL APPEAL NO 50 OF 1983

JULIUS LOPEYOK WERO .......................... APPELLANT

VERSUS

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

JUDGMENT

Julius Lopeyok Wero, the appellant, was convicted of manslaughter and sentenced to eight years’ imprisonment on December 9, 1981 by the High Court at Nakuru (Mead J) and he appeals against this conviction and sentence.

So far as the conviction is concerned, he admits in his memorandum of appeal that he pleaded guilty to the charge but he then claims the evidence for the Republic at the trial was fabricated. Today he has again admitted he pleaded guilty.

The truth is that he was advised by his advocate to offer this plea which the state counsel said the Republic would accept and which the learned trial judge must have thought was appropriate for he reduced the charge from murder to manslaughter and then with some care had it explained to the appellant and…

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