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Mbelle v. Republic

(1984) JELR 105021 (CA)

Court of Appeal  •  Criminal Appeal 45 of 1984  •  23 Jul 1984  •  Kenya

Coram
Zakayo Richard Chesoni, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT MOMBASA

( Coram:Kneller, Hancox JJA and Chesoni Ag JA )

CRIMINAL APPEAL NO. 45 OF 1984

BETWEEN

MBELLE......................................................................................APPELLANT

AND

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

(Appeal from the High Court at Mombasa, Bhandari J)

JUDGMENT

The appellant was charged before the High Court at Mombasa with murdering his brother-in-law Joseph Mukunde contrary to section 204 of the Penal Code (cap 63), and, after a trial lasting seven days, was convicted by Bhandari J of the lesser offence of manslaughter in accordance with unanimous opinions of the assessors. He was sentenced to six years’ imprisonment and now appeals to this court against both his conviction and sentence.

On the night of January 9, 1983 at 11.00 pm, the deceased’s widow, Stella, was in her house at Kivalwa village in Taita/Taveta District with her husband and children when her husband answere…

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