Mwangi v. Republic
Hancox CJ, Nyarangi and Gicheru JJA
Criminal Appeal No 10 of 1990
On June 22, 1990, Hancox CJ, Nyarangi and Gicheru JJA delivered the
following Judgment.
The appellant in a first appeal to this court against the sentence of 5 years imprisonment passed on him by the then resident judge Nakuru for the offence of manslaughter on 25th April, 1989, an offence to which he pleaded guilty in view of the reduction of the original charge from one of murder to that of manslaughter.
When this court first convened to hear this appeal on 29th March, 1990 at that which was the first ever sitting of the Court of Appeal in Kericho, Mr Mitei, who now represents the appellant, alleged the conviction on the basis that there was no admission of the facts as stated by the prosecution and no mitigation, both of which are essential conditions before a supposed plea of guilty can be legally accepted. It was then discovered that there was a gap in the records supplied to us and this matter has no…