FRED OKOTH OPIYO v REPUBLIC [1992] KECA 21 (KLR)
- Court
- Court of Appeal
- Case number
- 21
- Citation
- [1992] KECA 21 (KLR)
The conviction and sentence of the High Court are set aside, and the appellant is acquitted of the charge of murder and sentenced to imprisonment for a period of 5 years for the charge of manslaughter.
Facts
On March 7, 1988, at around 8:00 PM, Mr. David Musa Mokua and the deceased went to the house of the second accused where busaa and changaa liquors were sold. A slight argument arose between Mokua and the appellant, who slapped Mokua. The deceased became abusive towards the appellant, and Mokua and the deceased decided to leave. The appellant followed them outside and held the deceased by the throat, but the deceased hit him with a stick before Mokua managed to persuade them to leave.
Issues
- The evidence of the sole eye-witness for the prosecution, P.W.1, and the evidence of the two co-accused.
- The uncorroborated evidence of P.W.1.
Reasoning
The court found the evidence of the sole eye-witness for the prosecution, P.W.1, uncorroborated and insufficient to support the conviction of murder.
Outcome
Appeal successful, conviction and sentence set aside
Orders
- The conviction and sentence of the High Court are set aside
- The appellant is acquitted of the charge of murder and sentenced to imprisonment for a period of 5 years for the charge of manslaughter.
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