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(1984) JELR 105026 (CA)

Court of Appeal  •  crim app 49 of 84  •  16 Nov 1984  •  Kenya

Zakayo Richard Chesoni James Onyiego Nyarangi Alister Arthur Kneller



The appellant, Mutune Mwei, was initially charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty but on the hearing day, he offered to plead guilty to the lesser offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. The offer was accepted by learned state counsel and approved by the High Court (Todd, J). After the facts were outlined by learned state counsel and accepted by the appellant and his advocate, the judge found the appellant guilty of the lesser offence, heard and considered his mitigation and sentenced him to 2 years’ imprisonment. The judge did not convict the appellant but there is no doubt that he intended to. The irregularity has not occasioned the failure of justice and is curable under Section 382 of the Criminal Procedure Code.

In his appeal to this court, the appellant complains that the judge overlooked his plea of guilty, his remorse, and…

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