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O. O. N. (a minor) v. Republic

(2004) JELR 93801 (CA)

Court of Appeal  •  Criminal Appeal 257 of 2003  •  26 Mar 2004  •  Kenya

Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji



The appellant O.O.N. was charged with the offence of murder. The particulars were that on 28th day of September, 2003, at Bosoti sub-location in Gucha District within the Nyanza Province, he murdered Auka James. On the date the plea was taken in the superior court, he offered a plea to the lesser charge of manslaughter. That offer was accepted and the learned Judge of the superior court reduced the charge to that of manslaughter. On the charge of manslaughter contrary to Section 202 being read to him, the record shows that he said:

“Charge is true”.

Facts were then read to the appellant and he stated that the facts were all correct. He was then convicted of the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. On mitigation, the appellant’s age was given as 16 and the court was told that the appellant was provoked by the deceased; he was remorseful and regretted what happened. His counsel pleaded for him to be placed on prob…

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