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Paul Mutuku Kathanzu v. Republic

(2011) JELR 96452 (CA)

Court of Appeal  •  Criminal Appeal 377 of 2009  •  4 Feb 2011  •  Kenya

Coram
Philip Kiptoo Tunoi, Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellant, Paul Mutuku Kathanzu, was convicted by the superior court (Lenaola, J) of the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code on his own plea of guilty.

The facts as outlined by Mr. Omirera, learned State Counsel, before the superior court show that the appellant and the deceased, who were neighbours, had a long standing land dispute relating to a road reserve that cut through their respective parcels of land.

At about 3.00 pm on 26th April, 2009 the deceased’s employees were tilling the disputed land. The deceased was not present, and had apparently gone to fetch seeds for planting. Meanwhile, the appellant arrived, and asked the workers why they were encroaching on the reserve land. Just then, the deceased returned and an argument developed, leading to a quarrel. The deceased removed a panga from a gunny bag that he was carrying. The appellant snatched it off him, and slashed the deceased across the chest, …

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