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RONALD MWASUNGIA NGUTA & SALIM MWAKE LUGE v. REPUBLIC

(2001) JELR 93948 (CA)

Court of Appeal  •  crim app 50 of 00  •  17 Jan 2001  •  Kenya

Coram
Philip Kiptoo Tunoi, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

This is a second appeal by two appellants, namely, Ronald Mwasungia Nguta and Salim Mwake Luge, against their conviction of manslaughter contrary to section 202 of the Penal Code as read with section 205 thereof. The two appellants were convicted of the said offence on 10th February, 1999 and each of them was sentenced to serve a term of imprisonment of seven (7) years. Both of them appealed against conviction and sentence to the High Court. The High Court (Waki J) dismissed their appeals, against conviction but reduced the term of imprisonment to five years. It is against that judgment, dated 26th November, 1999, that both the appellants have appealed to this Court.

The facts leading up to the conviction are that on 7th February 1997 one Laban Kinoi (Kinoi) was with the second appellant, one Masai, Mwakima and the victim Patrick Konde Kinoi (hereinafter referred to as "the deceased") and was asked if he knew anything about a sewing machine belonging to the first a…

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