ALEX MZEE LANDI v REPUBLIC [2008] KECA 265 (KLR)
- Court
- Court of Appeal
- Case number
- 265
- Citation
- [2008] KECA 265 (KLR)
- Decided
- 18 January 2008
The conviction for murder is quashed, and a conviction for manslaughter is substituted with a sentence of twelve (12) years imprisonment from the date of conviction.
Facts
The appellant, Alex Mzee Lendi, was convicted of murder for killing Sammy Muraga Kariuki on March 8, 2004, at Mpeketoni Trading Centre in Lamu District. The prosecution alleged that the appellant attacked the deceased, who was an unemployed youth, during a disagreement over a local Teachers Co-operative Society. The deceased was later found bleeding and died at a local health center.
Issues
- Accuracy of the dying declaration
- Insufficiency of recognition of the appellant as the assailant of the deceased
- Proportionality of the sentence
Reasoning
The court found that the appellant was the one who inflicted the fatal stab wound on the deceased, and the nature of the injury showed intent to cause death or grievous harm. However, the court accepted the appellant's defense of provocation, which was not considered by the trial court. The court also noted that the dying declaration was not the sole basis for the conviction.
Outcome
Conviction for murder quashed, conviction for manslaughter substituted
Orders
- Conviction for murder quashed
- Conviction for manslaughter substituted
Remedies
- Sentence of twelve (12) years imprisonment from the date of conviction
Authorities cited
Legislation (1)
- Penal Code
Cases cited (1)
- Okethi Okale and Others v. Republic [1965] EA 555
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