IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Masime, Gicheru and Kwach JJ A)
CRIMINAL APPEAL NO 74 OF 1989
Between
PETER MBURU KANGETHE................................... APPELLANT
AND
REPUBLIC.............................................................RESPONDENT
JUDGMENT
(Appeal from a conviction and sentence of the High Court at Nairobi, Osiemo J, dated 5th September 1988
in
Criminal Case No 29 of 1988)
**********************************
November 3, 1989, the following Judgment of the Court was delivered.
Peter Mburu Kangethe, the appellant in this case was originally charged with murder contrary to section 204 of the Penal Code it being alleged that on the night of 8th and 9th September, 1987, at Kimbo village in Nairobi within Nairobi area, he murdered Sofia Wanjiru. The appellant denied the charge and was remanded in custody.
On 5th September, 1988, the appellant through his Counsel informed the Court that he was willing to plead guilty to the lesser charge of manslaughter. This offer was appare…