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Kanyingi v. Republic

(1985) JELR 100251 (CA)

Court of Appeal  •  crim app 105 of 85  •  11 Dec 1985  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Harold Grant Platt

Judgement

Republic of Kenya

Court of Appeal, at Nairobi

Criminal Appeal No 105 of 1985

Kanyingi

versus

Republic

(Appeal from the High Court at Nairob, Owour J)

December 11, 1985, Nyarangi JA, Platt and Gachuhi Ag JJA delivered the following

Judgment.

This appellant, James Kanyingi, was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. He was convicted of the lesser offence of Manslaughter contrary to section 202 as read with section 205 of the Penal Code. He was sentenced to a term of imprisonment of 6 years. He appeals to this court on sentence.

The three grounds of appeal upon which this appeal is presented to this court are at variance with the accepted facts of the case as narrated by the prosecution. The facts were that the appellant, an Administrative Policeman armed with a G3 rifle was guarding the D O’s office at Pumwani on the night of May 5 and 6 1984. Opposite to the D O’s office is a Sports Club 50 yards away where a dance was being held. A…

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