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SADIKI GEORGE NYAMBU & KARISA KASENA KADENG V. REPUBLIC E V. REPUBLIC

(1999) JELR 94916 (CA)

Court of Appeal  •  Criminal Appeal 41 of 1999  •  23 Jul 1999  •  Kenya

Coram
Johnson Evan Gicheru, Abdulrasul Ahmed Lakha, Effie Owuor

Judgement

JUDGMENT OF THE COURT

Sadiki George Nyambu and Karisa Kasena Kadenge , the first and second appellants respectively in this appeal, pleaded guilty to the offence of manslaughter contrary to section 205 of the Penal Code in the superior court on 11th February, 1999. They were each convicted of that offence and sentenced to 5 years imprisonment. Against that sentence they have each appealed to this Court contending that the said sentence was manifestly excessive considering that they had been in custody for a period of about 9 years.

After the plea of guilty to the offence of manslaughter had been taken and a conviction for that offence entered by the superior court, counsel for the appellants told that court that the appellants had been in custody for 9 years and that due to the longevity of their incarceration, they had suffered enough. When the first appellant was arrested he was 25 years old while the second appellant was 12 years old when he was arrested and was in Standard 6. Submi…

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