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OMAR HAMISI MWAMWADZI v. REPUBLIC

(1997) JELR 93995 (CA)

Court of Appeal  •  crim app 37 of 97  •  14 Jul 1997  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Akilano Molade Akiwumi, Abdulrasul Ahmed Lakha

Judgement

JUDGEMENT OF THE COURT

The appellant seeks a reduction of the sentence of 8 years passed on him after his conviction on the lesser charge of manslaughter in respect of which, in our view, the appellant was lucky that the prosecution had accepted his plea of guilty thereto. But a consideration of the facts show that even though the appellant may have had some trouble with the deceased, his attack on the deceased was well planned and deliberate. The appellant and those with him on that occasion, went to the office of the deceased in the morning and simply attacked him. The circumstances were all considered by the learned trial Judge who in our view, imposed a sentence which cannot be faulted. In these circumstances we are not inclined to reduce further the sentence imposed by the learned trial Judge.

In the result the appeal is hereby dismissed.

Dated and given this 14th day of July, 1997 at Mombasa

R. S. C. OMOLO

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JUDGE OF APPEAL

A. M. AKIWUMI

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JUDGE OF APPEAL

A.A. …

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