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Mulu Munyalo v. Republic

(2011) JELR 98841 (CA)

Court of Appeal  •  Criminal Appeal 237 of 2010  •  4 Mar 2011  •  Kenya

Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki



Mulu Munyalo, the appellant herein, was originally charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the information were that on the 12th November, 2008 at about 2.00 a.m. at Eloi Village, Kyanguithya West Location, Kitui Distinct of Eastern Province, the appellant murdered Kalusi Masila, “the deceased” hereinafter.

On the 11th of December, 2008, Mrs. Mutua, the appellant’s advocate in the superior court, told Lenaola, J. that the appellant was offering to plead guilty to the lesser offence of manslaughter. Apparently that offer was accepted by the State and the hearing was adjourned to the 16th December, 2008. On that date, Mr. Omirera, the Principal State Counsel, produced a charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code and when that charge was read out to the appellant, he pleaded guilty to it. Lenaola, J was thereafter told that the app…

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