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Samson Kirumbi M'ikamati v. Republic

(2006) JELR 94639 (CA)

Court of Appeal  •  Criminal Appeal 71 of 2005  •  4 Aug 2006  •  Kenya

Coram
Philip Kiptoo Tunoi, Philip Nyamu Waki, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

The only issue raised in this appeal is on sentence. The appellant was charged with the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code, in that on the 3rd of September, 2004 at Mutuma sub-location Ruiri location in Meru Central District within Eastern Province, he unlawfully killed Simon Nanga M’Ikamati. He pleaded guilty to that charge and was convicted on the plea. He also accepted unequivocally the facts put forward by the prosecution which are brief and may be reproduced in full: -

“On 2.9.2004 the deceased in this case was arrested by AP officers from Nchoroiboro AP camp; following a report made by the accused who is brother of deceased that deceased had interfered with land boundaries. The deceased was in custody until 3.9.2004 at about 9.00 a.m. when he was released without charge. The deceased then went home to Mutuma sub-location of Meru Central District and armed himself with a spear and a panga and proceeded to…

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