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S K N v. Republic

(2015) JELR 96377 (CA)

Court of Appeal  •  Criminal Appeal 3 of 2015  •  6 Nov 2015  •  Kenya

Coram
Hannah Magondi Okwengu, Paul Kihara Kariuki, Festus Azangalala

Judgement

JUDGMENT OF THE COURT

This appeal has been brought from the judgment of the High Court (S.N. Mutuku J) dated 28th October, 2014 whereby the appellant, S K N, was convicted of murder contrary to Section 203 as read with Section 204 of the Penal Code and sentenced to death. She now comes to this Court appealing against that conviction and sentence. There were originally four grounds of appeal but when the appeal came up for hearing before us on 21st September, 2015 both Mr. Kariu, learned counsel for the appellant and Mr. O’mirera, learned Senior Assistant Deputy Director of

Public Prosecutions for the Republic, agreed that the evidence which was adduced before the learned Judge disclosed the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code and not murder.

The facts of this appeal were not really in dispute since the appellant herself gave a detailed statement in her defence before the High Court in which statement she admitted striking the decease…

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