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Silas Mzee Buluma v. Republic

(2009) JELR 96690 (CA)

Court of Appeal  •  Criminal Appeal 79 of 2009  •  23 Oct 2009  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Joseph Gregory Nyamu



The appellant Silas Mzee Buluma was initially charged with murder. However, the charge of murder was subsequently substituted with one of manslaughter. In an information filed by the Attorney General on 13th November, 2004 it had been alleged that at Kiungani Trading Centre in Trans Nzoia District within the Rift Valley Province, the appellant unlawfully killed Stanley Shunguli Isayi contrary to Section 202 as read with Section 205 of the Penal Code. On 29th January, 2009 the appellant pleaded guilty to the lesser charge of manslaughter.

The background facts which the appellant accepted as true when taking the plea, are that the deceased Stanley Shunguli Isayi was based at Kiungani Trading Centre at 7.30 p.m. where he used to sell paraffin. On the 12th November, 2004, the deceased’s brother had given him an assignment to transport a sofa set but the deceased had failed to carry out the assignment and the following day 13th November, 2004 when the deceased’s brother…

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