JUDGMENT OF THE COURT
The appellant, David Mburu Mukuha, was convicted on 5th July 2012 by the High Court for the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code, Cap 63, and sentenced to serve two years in prison after the trial Judge substituted the offence of manslaughter for murder with which he had been charged jointly with two other persons who did not appeal against their conviction and sentence for manslaughter. The particulars of the murder charge were that;
“APC David Mburu, APC Kainga Thianjuri and APC Sauloh Mosha on the 3rd day of August 2007 at Eastleigh Section three, Biafra within Nairobi Province murdered Ernest Marende Ahijah.”
The appellant lodged his appeal in this court on 18.7.2012 against his conviction and sentence. He proffered six grounds of appeal as follows:
- That I had pleaded not guilty to the charge
- That the learned trial Judge erred in law and facts by finding that I had a common intention of killing the deceased wit…