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(1985) JELR 98508 (CA)

Court of Appeal  •  Criminal Appeal No 1 of 1985  •  19 Sep 1985  •  Kenya

James Onyiego Nyarangi, Harold Grant Platt, Alister Arthur Kneller



Ndaa v. Republic

Court of Appeal, at Nairobi September 19, 1985

Kneller, Nyarangi JJA and Platt Ag JA

Criminal Appeal No 1 of 1985

(Appeal form the High Court at Nairobi, Torgbor J)

September 19, 1985, Kneller, Nyarangi JJA and Platt Ag JA delivered the following Judgment.

James Kioko Ndaa, the appellant, was sentenced by Mr Justice Torgbor to ten years imprisonment for manslaughter on November 27, 1984 in Nairobi.

The appellant begs this court to set aside this sentence and substitute one that will enable him and his family “to have a hope in life”.

He bases this appeal on his age, which is 29, his remorse, his lack of previous relevant convictions, his remand for nearly one and half years before he was arraigned, his plea of guilty when charged, the needs of his wife and five children and the circumstances of the offence.

They began, he claims, with the arrival of some clan elders on his land at Kevete in Makindu Location of Machakos District on May 8, 1983. They professed t…

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