SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Republic v Erick Odhiambo Onyango [2013] KEHC 2497 (KLR)

[2013] KEHC 2497 (KLR) High Court of Kenya
Read PDF
Court
High Court of Kenya
Case number
2497
Citation
[2013] KEHC 2497 (KLR)
Decided
12 July 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from original trial outcomeCoramM. J. ANYARA EMUKULE
Holding

The accused is not guilty of murder and is acquitted.

Facts

The accused, Erick Odhiambo Onyango, was charged with murder of Saidimu Leboo. The accused and the deceased were drinking traditional brew when a dispute arose over political parties. The accused hit the deceased with a panga, causing him to fall and bleed profusely.

Issues

  1. Whether the accused had malice aforethought
  2. Whether the accused's actions constituted self-defense

Reasoning

The evidence did not establish malice aforethought, and the accused's actions were in self-defense.

Outcome

Acquitted

Orders

  • The accused be released forthwith

Authorities cited

Legislation (2)
  • Section 203 of the Penal Code
  • Section 205 of the Penal Code
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case