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Waweru v. Republic

(1982) JELR 96336 (CA)

Court of Appeal  •  Criminal Appeal 48 of 1980  •  11 Jan 1982  •  Kenya

Coram
Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Law, Miller and Potter JJA)

CRIMINAL APPEAL NO. 48 OF 1980

BETWEEN

WAWERU......................................APPELLANT

AND

REPUBLIC......................................RESPONDENT

JUDGMENT

The appellant was charged with the murder of one Thomas Kanyoro at Wajir on the night of July 2, 1979. He was convicted of manslaughter and sentenced to eleven months’ imprisonment. He now appeals against conviction and sentence. The prosecution case was that the appellant, who at the material time was an Inspector of Police at Wajir, visited Wajir Township at about 8 pm on July 2, 1979, in the course of his duties as duty officer. He entered a house in which he found two men, one was police constable Paul Omari (PW 10) and the other a soldier, private Bernard Kasina who was not called at the trial. Both were in plain clothes.

There was also a woman called Wangari (PW 2) who owned the shop and who was probably supplying the men with liquor, although she denied this.…

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