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ANDHIRO
V.
REPUBLIC

(1991) JELR 105608 (CA)

Court of Appeal 2 Dec 1991 Kenya
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Case Details

Suit Number:Criminal Appeal No 80 of 1990
Judges:Riaga Samuel Cornelius Omolo, Abdul Majid Cockar, Joseph Raymond Otieno Masime
Location:Kisumu
Other Citations:Andhiro v. Republic[1991]KLR

JUDGEMENT

The appellant was charged with the offence of murder but on the day of the commencement of the trial the appellant offered a plea to the lesser charge and in consequence the charge was reduced to that of manslaughter contrary to section 205 of the Penal Code to which offence, when charged, he pleaded guilty and was convicted accordingly and sentenced to a period of 12 years imprisonment. He has now appealed to this Court against sentence.

Briefly the facts as stated to the Court and accepted by the appellant were that on 17th January, 1988, at about 8.00 pm at Bondo Primary School the deceased, headmaster of the school, was supervising a test in a class of std VII when the appellant entered the class-room and after complaining briefly of some grievance he drew out a knife from the pocket of his trousers and stabbed the headmaster twice as a result of which the latter died. In his mitigation the appellant had referred to ten commandments, of his having fallen to temptation and …

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