Customer Support

CECILIA MWELU KYALO
V.
REPUBLIC

(2009) JELR 103472 (CA)

Court of Appeal 17 Jul 2009 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 166 of 2008
Judges:Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno
Location:Nairobi
Other Citations:CECILIA MWELU KYALO v. REPUBLIC [2009] eKLR

JUDGMENT OF THE COURT

When this appeal came up for hearing before us on 13th July 2009 Mr. Kenyariri, who held brief for Mr. Bosire, the learned counsel for the appellant applied for adjournment. That application was rejected and thereafter Mr. Kenyariri addressed us only on the second and third grounds of appeal in the memorandum of appeal filed on 8th July 2009. Those grounds challenged the sentence imposed on the appellant who had pleaded guilty to a lesser charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code and was found guilty of that charge, convicted and sentenced to serve a prison term of 30 years by the learned Judge of the superior court (Lenaola J.). In reply Mr. Kaigai, the learned Principal State Counsel also addressed us only on the sentence. The Court was not addressed on the first ground of appeal which claimed that the learned trial Judge erred in law and in fact as “the plea of guilty was not (sic) equivocal.” We thus treat the ap…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.