MELKIO ONYANGO NYABALA v REPUBLIC [2013] KEHC 5049 (KLR)
- Court
- High Court of Kenya
- Case number
- 5049
- Citation
- [2013] KEHC 5049 (KLR)
- Decided
- 31 January 2013
Summary at a glance
TypeCriminal AppealPostureAppeal from conviction and sentenceCoramRUTH NEKOYE SITATI
The appeal on conviction is dismissed, and the appeal on sentence is dismissed. The appellant is awarded Kshs. 50,000 in damages for unlawful detention.
Facts
The appellant was convicted of manslaughter for killing Josephine Awuor on December 15, 2009. The prosecution called four witnesses, including the Assistant Chief and a fundi, who testified that the appellant killed the deceased. The post-mortem examination and medical testimony indicated that the deceased had been strangled and died 5 days after the incident.
Issues
- Whether the appellant was properly convicted of manslaughter
- Whether the sentence of 7 years was appropriate
Reasoning
The court found that the appellant had the opportunity to kill the deceased and that the injuries found on her body could not have been inflicted by herself. The court also found that the appellant's actions raised suspicion about how the deceased died.
Outcome
Appeal dismissed on both conviction and sentence
Orders
- Award of Kshs. 50,000 in damages
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