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EGELAN KAPELO
V.
REPUBLIC

(2015) JELR 97557 (CA)

Court of Appeal 25 Jun 2015 Kenya
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Case Details

Suit Number:Criminal Appeal 136 of 2011
Judges:David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu
Location:Eldoret
Other Citations:Egelan Kapelo v. Republic [2015] eKLR

JUDGMENT OF THE COURT

1. The appellant pleaded guilty to a charge of manslaughter contrary to section 202 as read with section 205 of the penal Code.It was alleged that on 2nd January 2011 at Kambi Miti Manyatta, Lowerang'ak Location within Turkana County, the appellant unlawfully caused the death of Peter Losuru. He was convicted and sentenced to 15 years' imprisonment.

2. Despite the plea of guilty, the appellant, who was unrepresented, preferred an appeal to this Court against both conviction and sentence.

3. When the appeal came up for hearing, the appellant merely pleaded with this Court to reduce the sentence. On the other hand, Mr. Mulati, Principal Prosecution Counsel submitted that under section 348 of the Criminal Procedure Code the appeal is untenable and urged us to dismiss it.

4. Section 348 of the Criminal Procedure Code that was cited to us by Mr. Mulatl is not applicable as it relates to appeals from subordinate courts to the High Court. This is an appeal from a judgment d…

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