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Mwaura v. Republic

(1985) JELR 105007 (CA)

Court of Appeal  •  Criminal Appeal No 104 of 84  •  27 Feb 1985  •  Kenya

James Onyiego Nyarangi, Harold Grant Platt, Chunilal Bhagwandas Madan



Mwaura v. Republic

Court of Appeal, at Nyeri February 27, 1985

Madan, Nyarangi JJA and Platt Ag JJA

Criminal Appeal No 104 of 84

(Appeal from the High Court at Nyeri, Cockar J)

February 27, 1985, Madan, Nyarangi JJA and Platt Ag JJA deliveredt eh following Judgment.

Kabuki Mwaura, sometimes called Mwangi Mwaura, the appellant, was sentenced by the High Court at Nyeri (Cockar J) to 14 years imprisonment on March 28, 1978 when he pleaded guilty to manslaughter contrary to section 205 of the Penal Code (cap 63). He was twenty-two years old.

About two years later (April 8, 1990) he thumb printed his notice of appeal against this sentence.

The delay, he swears in his affidavit of March 29, 1980, is due to his relatives being unable to raise the fees for an advocate to represent him in this court and to prepare and file his grounds of appeal.

His application for leave to urge his appeal was not opposed by the learned state counsel for the republic, and we exercise the discretion of …

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