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OSMAN ABDI MOHAMED v. REPUBLIC

(1984) JELR 95235 (CA)

Court of Appeal  •  crim app 77 of 83  •  2 Feb 1984  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alister Arthur Kneller

Judgement

JUDGMENT OF THE COURT

Osman Abdi Mohamed, the appellant, asks this court to reduce the sentence of 8 years imprisonment imposed on him on June 14th 1983 by the High Court (Brar, J) in Nairobi, when he was convicted of manslaughter.

He first appeared before the High Court, on July 31 1981, when he was charged with murdering Muktar Sheikh Adan on January 7th 1980, at Tarbay trading center in Wajir district, in the North Eastern Province.

Before he pleaded to it, his advocate, Mr Raballa, asked the court to remand him for examination by a psychiatrist, and the appropriate order was made. He was arraigned on February 19 1982, and pleaded not guilty and remanded for trial, on Octobe,r 4 the same year, but on that day, the same advocate asked for an adjournment and further remand for the psychiatrist to observe the appellant, until he could prepare a report which included his opinion of the probable state of the appellant’s mind on January 7 1980, the date of the alleged murder, which the tria…

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