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Simon Obare Gecheo v. Republic

(2011) JELR 96439 (CA)

Court of Appeal  •  Criminal Appeal 418 of 2007  •  22 Feb 2011  •  Kenya

Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya, Erastus Mwaniki Githinji



The appellant was charged before the High Court at Nakuru with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The Particulars of the offence alleged that, on 9th September, 2002 the appellant unlawfully killed Elijah Gesame Mirieri. The appellant pleaded not guilty to the charge and the date for trial was fixed. On 7th July 2004, the trial started with the aid of the assessors as the law then required. That requirement has now been repealed. The prosecution called five witnesses over a period of 11⁄2 years but ultimately the assessors failed to attend court leading to a declaration by the trial Judge of a mistrial and an order that the trial do start de novo. But when the trial resumed at a later date, the appellant’s counsel indicated that the appellant was willing to plead guilty to a lesser charge of manslaughter.

The charge was substituted and the appellant pleaded guilty to the charge of manslaughter contrary to sect…

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