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P I M v. Republic

(1982) JELR 94352 (CA)

Court of Appeal  •  Criminal Appeal 91 of 1981  •  13 May 1982  •  Kenya

Coram
David Christopher Porter, Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller

Judgement

JUDGMENT OF THE COURT

The appellant, P M I, was charged in the High Court with the murder of H W, his baby daughter aged 11/2 years, during the night of June 21 and 22, 1979. The appellant pleaded not guilty to the charge in the presence of his advocate and at no time did he change his plea. The appellant was tried by Nyarangi J with three assessors. The prosecution maintained throughout the trial that the appellant was guilty of murder. The trial judge made a special finding under section 166(1) of the Criminal Procedure Code that the accused was guilty of the act charged but was insane when he did the act, and he ordered accordingly. The judge in his finding used the word "offence" instead of the word "act", but this was clearly a slip.

The appellant has sought to appeal against that special finding, on the grounds that there was no evidence before the court that he was insane, that neither the prosecution nor the defence had submitted that the appellant was insane, and that by reason…

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