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Musyoka Muasa v. Republic

(2011) JELR 98773 (CA)

Court of Appeal  •  Criminal Appeal 532 of 2010  •  21 Oct 2011  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya, Erastus Mwaniki Githinji, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The appellant was charged with the offence of murder contrary to Section 203 and 204 of the Penal Code before High Court Machakos. He was however convicted by the superior court (Lenaola J) of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. The trial judge apparently left the court before sentencing the appellant and when the trial resumed before Waweru J, the latter sentenced the appellant to ten (10) years imprisonment.

This appeal is solely against the severity of the sentence. The appellant was a nephew of the deceased and they were sharing one house. On the morning of July, 2007 at 8.00 a.m. Kasavi Mulinge found the deceased lying on his bed with a deep cut wound on the middle of the head. The deceased disclosed to her that it was the appellant who had cut him. Meanwhile the appellant went to the home of Jeremiah Muli Makau the Assistant Chief at 8.30 a.m and reported that he had injured the deceased. He wanted a letter to auth…

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