MWALILI TSAFWE V. REPUBLIC
(1992) JELR 104582 (CA)
Court of Appeal
•
Criminal Appeal 169 of 1988
•
21 Jan 1992
•
Kenya
Coram
Riaga Samuel Cornelius Omolo, Richard Otieno Kwach, John Mwangi Gachuhi
Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>The appellant appeals to this Court against the sentence of ten years imprisonment imposed upon him by the High Court following his plea of guilty to a charge of manslaughter C/S 202 as read with Section 205 of the Penal Code. The appellant and another man who appears not to have appeared admitted that they tortured the deceased and eventually offered him a rope with which to hang himself. The deceased refused to oblige and the appellant and his confederate got hold of him, forced the rope around his neck and in the end hanged the deceased. They did all these because they believed the deceased was, practicing witchcraft to their detriment. The charge was reduced from murder to manslaughter because it appears accepted that the belief in witchcraft and its potency to cause harm is widely prevalent in the community from which the appellant comes. Having pleaded guilty, the appellant’s advocate in the High Court brought out various matters in mitigation on behalf of t…</p>