CHENGO PEVU MAKAU & another v REPUBLIC [2010] KECA 445 (KLR)
- Court
- Court of Appeal
- Case number
- 445
- Citation
- [2010] KECA 445 (KLR)
- Decided
- 22 January 2010
We quash the appellants' respective convictions for the offence of murder and substitute therefor a conviction for the offence of manslaughter.
Facts
The deceased, Kambi Muyu, disappeared on or about the night of 14th February 2003. On or about 19th February 2003, his naked body was found floating in a dam near his home. The prosecution case was based on circumstantial evidence.
Issues
- Whether the trial court erred in finding the appellants guilty of murder.
- Whether the trial court erred in not considering the appellants' drunkenness when determining the charge.
- Whether the trial court erred in sentencing the appellants to death.
Reasoning
The trial court found the appellants guilty of murder based on circumstantial evidence. The court agreed with the appellants that the evidence did not prove the offence beyond a shadow of doubt. The court found the appellants guilty of manslaughter due to their drunkenness.
Outcome
The convictions for murder are quashed and the appellants are convicted of manslaughter.
Orders
- Convictions for murder are quashed.
- Convictions for manslaughter are substituted.
- Sentences of death are set aside and replaced with sentences of 15 years imprisonment.
Remedies
- Quashing of convictions for murder.
- Substitution of convictions for manslaughter.
- Set aside of sentences of death and replacement with sentences of 15 years imprisonment.
Authorities cited
Legislation (2)
- Penal Code
- Criminal Procedure Code
Cases cited (2)
- R v Taylor
- Okeno V R [ 1972] EA 32
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