IN THE COURT OF APPEAL
AT MOMBASA
( Coram: Kneller JA, Chesoni and Nyarangi Ag JJA )
CRIMINAL APPEAL 30 OF 1984
BETWEEN
1. KING KATANA
2. SULUBU BAYA................................................................APPELLANTS
AND
REPUBLIC......................................................................RESPONDENTS
(Appeal from the High Court at Mombasa, Bhandari J)
JUDGMENT
The two appellants were originally jointly charged with murder contrary to section 204 of the Penal Code. However, on December 5, 1983, the information for the joint charge of murder was amended by substituting the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code, in place of the offence of murder. According to the record of the proceedings before the High Court, (Bhandari J) the first appellant (King Katana) replied to the charge and said:
“We killed him, but that was not intentional.”
The original record of the proceedings does not show that the other appellant replied to the charge…