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Samuel Karanja Mburu v. Republic

(2010) JELR 96553 (CA)

Court of Appeal  •  Criminal Appeal 75 of 2009  •  21 May 2010  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The appellant in this appeal was initially charged with the offence of murder contrary to section 202 as read with 205 of the Penal Code. However in the course of the proceedings, upon request by the appellant’s counsel, a fresh information on manslaughter charge was substituted and on 14th January 2009 after the substitute of the charge of manslaughter and after every element of the offence was explained to the appellant, he pleaded guilty to the lesser charge of manslaughter. He was sentenced to nine years imprisonment. The story behind this appeal is a sad one because it involves a son killing his own father. On 1st September 2008 at about 8.30 p.m. the appellant Samuel Karanja Mburu came back home at Naaro village within Muranga South District. He was evidently drunk. He could not open the door to his house apparently because he had lost the key. In his drunken state he reacted to the situation by an attempt at breaking the door to his house whereupon his fath…

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