Charo Kalu Thinga v Republic [2015] KECA 158 (KLR)
- Court
- Court of Appeal
- Case number
- 158
- Citation
- [2015] KECA 158 (KLR)
- Decided
- 11 December 2015
We allow the appeal, quash the conviction for murder and set aside the sentence of death. We substitute a conviction for the offence of manslaughter and a sentence of 20 years imprisonment.
Facts
The appellant, Charo Kalu Thinga, was convicted and sentenced to death for the murder of his father, Mwadodo Thinga, on the grounds of malice aforethought. The appellant claimed legal provocation by reason of belief in witchcraft.
Issues
- Availability of the defence of legal provocation by reason of belief in witchcraft
- Sentence for manslaughter instead of murder
Reasoning
The evidence shows that the appellant believed the deceased and PW1 were witches responsible for family deaths. The assault on the deceased was immediate and vicious, and the defence of legal provocation was available.
Outcome
Appeal allowed, conviction for murder quashed, substituted with conviction for manslaughter and sentence of 20 years imprisonment.
Orders
- Quash conviction for murder
- Substitute conviction for manslaughter
Remedies
- Sentence of 20 years imprisonment
Authorities cited
Legislation (1)
- Section 207 and 208 of the Penal Code
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