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Peterson Muriuki Njine v. Republic

(2010) JELR 95085 (CA)

Court of Appeal  •  Criminal Appeal 253 of 2008  •  14 May 2010  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

Peterson Muriuki Njine, the appellant, pleaded guilty to the lesser charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code, having been charged with the more serious offence of murder contrary to section 203 as read with section 204 of the Penal Code, respectively. Thereafter, he was sentenced to 10 years imprisonment by Kasango, J. He comes to us on first appeal challenging the sentence. Upon the appellant’s conviction, his advocate, one Mr. Mwangi, made submissions in mitigation of sentence. He stated that the appellant was remorseful, was a father of three children, he also took care of his five siblings, and that the death of the deceased, who was his good friend, had greatly affected his life. The circumstances of the offence as narrated by the prosecutor were that the appellant and Jamlic Njiru Ndambiri, the deceased, were drinking traditional beer. They were good friends. They must have then parted company, and the appella…

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