JOSEPH MWANZIA MULWA vs REPUBLIC [2002] KEHC 159 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT KISUMU CRIMINAL APPEAL NO. 113 OF 2001

BETWEEN

CHARLES BOBBY OBUON ................................ APPELLANT AND REPUBLIC .......................................... RESPONDENT

(Appeal from a conviction & sentence of the High Court of Kenya at Kisii (Waweru, J.) dated 23rd February, 2001

in H.C.Criminal Case NO. 27 OF 1998) *************

Between

Republic .......................................... Prosecutor And Charles Bobby Obuon .................................. Accused

In Court this 21st day of June, 2002

Before: the Honourable Mr. Justice Gicheru, a Judge of Appeal, the Honourable Mr. Justice Shah, a Judge of Appeal, and the Honourable Mr. Justice Keiwua, a Judge of Appeal,

O R D E R

THIS APPEAL coming up for hearing on the 19th day of June, 2002 AND UPON HEARING L.G. Menezes, Esq., Counsel for the appellant and J.N. Gacivih, Esq., Counsel for the respondent, when the appeal was stood over for judgment and this appeal coming up for judgment this day IT IS ORDERED that this appeal be and is hereby allowed in part and his conviction of the offence of murder is quashed and the sentence of death passed upon the appellant is set aside and substituted therefor with a conviction of manslaughter and be and is hereby sentenced to 8 (eight) years imprisonment from 23rd February, 2001.

GIVENunder my hand and the Seal of the Court at Kisumu the 21st day of June, 2002.

DEPUTY REGISTRAR

Extracted on 21st June, 2002.

I certify that this is a true copy of this original.

DEPUTY REGISTRAR