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Marii v. Republic

(1985) JELR 99284 (CA)

Court of Appeal  •  crim app 116 of 85  •  11 Dec 1985  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Harold Grant Platt, Edward Nii Adjar Torgbor

Judgement

Republic of Kenya

Court of Appeal, at Nairobi

Criminal Appeal No 116 of 1985

Marii

versus

Republic

(Appeal from the High Court at Nairobi, Torgbor J)

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

Judgment.

The appellant clement Nyanganatha Marii was convicted of the lesser offence of manslaughters, having been charged with murder, and sentences to 12 years’ imprisonment. He appeals to this court against the sentence but in fact several matters of legal principle arise which affect his conviction.

Mr Ombete who undertook the defence of the appellant, hard tried had to put before the court the defence of insanity. In his final address he ended with the remarks that the only rational explanation of the accused’s conduct was insanity, and therefore a proper verdict should be not guilty of murder, but rather guilty although insane. The basis for such a submission must be section 166(1) of the Criminal Procedure Code which unfortunately was not specifically referred…

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