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(1997) JELR 93930 (CA)

Court of Appeal  •  Criminal Appeal 31 of 1996  •  13 Mar 1997  •  Kenya

Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Richard Otieno Kwach



This is a second appeal from the decision of the High Court of Kenya at Kisii (Mbaluto, J.) upholding the judgment of the senior resident magistrate convicting the appellant, Patrick Mugo Muchira, on a charge of manslaughter contrary to section 202 of the Penal code.

The facts leading to the appellant’s conviction are relatively simple. The appellant was at the relevant time an administration police officer attached to Mongori Chief’s camp in Nyamira District of Nyanza Province. On April 4, 1990, there was a fracas at Chepilat Market matatu stage involving the deceased, a local tout and other (Manambas) on one side, and the matatu vehicle owners on the other. The cause of the chaos was the demand for higher charges by the touts, a matter obviously that did not find favour with matatu vehicle owners. A report was made to the Chief’s camp and the appellant and Sgt. Abuga proceeded to the scene of the chaos at the market. The appellant was armed with a G.3 rifle while…

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