Customer Support

STEPHEN MUHUNI
V.
REPUBLIC

(1994) JELR 96200 (CA)

Court of Appeal 27 Apr 1994 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 23 of 1994
Judges:Philip Kiptoo Tunoi, Richard Otieno Kwach, Mathew Guy Muli
Location:Nakuru
Other Citations:Stephen Muhuni v. Republic [1994] eKLR

JUDGMENT OF THE COURT

The appellant STEPHEN MUHUNI was charged with the murder of his neighbour, Mwangi Mucheke, at Murunyu Farm in Nakuru District on the 8th day of April, 1988. Upon arraignment before the High Court at Nakuru he pleaded guilty of the lesser offence of manslaughter and was sentenced to 8 years imprisonment. He now appeals against that sentence as being manifestly harsh and excessive.

The facts which the prosecution relied and which were accepted by the appellant at his trial were that while the appellant was in his mother's house the deceased went there to shelter from the rain and whilst therein a misunderstanding arose between them during the course of which the accused was hit with an iron bar. He retaliated by knocking down the deceased and inflicting upon him multiple injuries all over the body. As a result of all those injuries, the deceased fell down and died later the same night. The post-mortem examination report certified the cause of death to have been as a …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.