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Peter Mulwa v. Republic

(1982) JELR 94737 (CA)

Court of Appeal  •  Criminal Appeal 101 of 1981  •  6 Apr 1982  •  Kenya

Coram
Eric John Ewen Law, Alister Arthur Kneller, Chunilal Bhagwandas Madan

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram:A A Kneller ,E E J E Law ,C B Madan )

CRIMINAL APPEAL NO. 101 OF 1981

PETER MULWA .........................APPELLANTS

VERSUS

REPUBLIC...................................RESPONDENT

JUDGMENT

Criminal law -murder -provocation -self defence -pre-meditation -sentencing Criminal law -murder -accused attacked afte r argument -accused kicked once on attacker -no weapons used -attacker complained of pain on following day -attacker died later after surgery -whether accused provoked - whether accused acting in self defence -whether accused retaliated excessively -whether prosecu tion proper Criminal law -sentencing -charge of murder -conviction for manslaughter - accused provoked and acted in self defence —accused a first offender - accused in remand for 21 months -sentence of 21⁄2 years imprisonment - whether sentence excessive

The appellant was followed and attacked by the deceased after the two of them had had an argument at a bar. In the ensuing struggle, the a…

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