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GRACE MARTHA MUTHIANI
V.
REPUBLIC

(2011) JELR 105069 (CA)

Court of Appeal 7 Oct 2011 Kenya
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Case Details

Suit Number:Criminal Appeal 244 of 2009
Judges:Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, Joseph Gregory Nyamu
Location:Nairobi
Other Citations:Grace Martha Muthiani v. Republic [2011] eKLR

JUDGMENT OF THE COURT

The appellant was convicted by the superior court (Sitati, J.) on her own plea of guilty for manslaughter, contrary to section 202 as read with section 205 of the Penal Code and sentenced to 25 years imprisonment. She now appeals against the sentence on the ground that the sentence is too harsh in the circumstances.

The facts constituting the offence which were stated by the prosecution at the trial and which the appellant admitted were briefly as follows:-

On 25th February 2007 at 5 a.m. the appellant who was the wife of the deceased Alois Muthiani Kivukyu went to the bedroom of the deceased and requested for school fees for one of their four children who was to sit for KAPE examination. The deceased was rude and a quarrel erupted degenerating into a fight. In the course of the fight the appellant hit the deceased several times with a stick. The deceased fell down and apparently died instantly. Thereafter the appellant aided by her children put the body of the dece…

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