Muoki v. Republic
Court of Appeal, at Nairobi September 17, 1985
Madan, Kneller JJA and Platt Ag JA
Criminal Appeal No 133 of 1984
(Appeal from the High Court at Nairobi, Aganyanya J)
September 17, 1985, Madan, Kneller JJA and Platt Ag JA delivered the following
Judgment.
This is a first, and last appeal, and it is by Joseph Kioko Muoki from the sentence of three and a half years imprisonment passed on him by Mr Justice Aganyanya in the High Court at Nairobi when he pleaded guilty to manslaughter on July 24 1984.
The appellant asks this court to ‘consider’ this sentence and reduce it for the following reasons.
He was not in full possession of his faculties when he unlawfully killed Peter Mutinda Mbula on March 12, 1982 at Muthethe in Muthetheni location in the Machakos are. He was drunk and so did not recognize the victim as a neighbour and member of his clan. He thought he, and two others with him, were about to rob him of his bicycle. He now bitterly regretted what he had done.
He had pleaded…