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KARIUKI NYOIKE V. REPUBLIC

(1993) JELR 104704 (CA)

Court of Appeal  •  Criminal Appeal 35 of 1992  •  25 Jan 1993  •  Kenya

Coram
Johnson Evan Gicheru, Abdul Majid Cockar, John Mwangi Gachuhi

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>On 7<sup>th</sup> May, 1991 the appellant pleaded guilty to the offence of manslaughter contray to Section 205 of the Penal Code before the High Court at Mombasa, Wambilyangah, J. He was on the same day convicted of the said offence and sentenced to 8 years imprisonment. His complaint before us is that that sentence was harsh considering the period he had been in custody before the date of the sentence.</p><p>H A, the deceased, was married to the appellant. Out of their union, they had one child. O to some marital problem, the deceased had at some time left the appellant and had gone to live with her parents. Later she returned to the appellant leaving the child of their marriage with the said parents. Subsequently, this became the fulcrum of dispute between her and the appellant. On 22<sup>nd</sup> December, 1988 the appellant and the deceased went to their village elder over this matter. The three of them decided to proceed to Garsen Police Station to have the matter resolved. On the way, t…</p>

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