Republic v Livingstone Lipapu Ndakala [2017] KEHC 6591 (KLR)
- Court
- High Court of Kenya
- Case number
- 6591
- Citation
- [2017] KEHC 6591 (KLR)
- Decided
- 10 April 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from a conviction for murder to a conviction for manslaughterCoramD.S. Majanja
Holding
The court finds the accused guilty of manslaughter for the unlawful killing of Andrew Were alias Daddy.
Facts
The accused, Livingstone Lipapu Ndakala, was charged with murdering Andrew Were alias Daddy on February 20, 2012. The prosecution presented evidence that the accused and the deceased had a fight, and the deceased was later found dead at a hospital.
Issues
- Whether the accused had the necessary intent to commit murder
- Whether the accused's actions caused the death of the deceased
Reasoning
The court found that the accused did not intend to kill the deceased, and the evidence showed that the deceased was injured during a fight with the accused.
Outcome
Guilty of manslaughter
Authorities cited
Legislation (2)
- Penal Code (Chapter 63 of the Laws of Kenya)
- Criminal Procedure Code (Chapter 75 of the Laws of Kenya)
Cases cited (1)
- Mkendeshwa v Republic [2002] 1 KLR 461
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.
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