Republic v Evans Otieno Adongo [2018] eKL;R [2018] KEHC 1633 (KLR)
- Court
- High Court of Kenya
- Case number
- 1633
- Citation
- [2018] KEHC 1633 (KLR)
- Decided
- 20 December 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from a conviction for murderCoramT. W. CHERERE
Holding
The accused is found guilty of murder.
Facts
The accused, Evans Otieno Adongo, is alleged to have murdered Brian Ochieng Karogo on December 27, 2017, at Kinyimon village, Okot Sub-location, Kisumu East Sub-County.
Issues
- Whether the accused had malice aforethought in committing the unlawful act that caused the death of the deceased.
- Whether the prosecution proved the accused's presence at the scene of the crime and the unlawful act committed.
Reasoning
The prosecution proved the death of the deceased and the unlawful act committed by the accused. The court found that the accused had malice aforethought, as he must have known that stabbing the deceased on the stomach with a sharp instrument would cause him grievous harm or death.
Outcome
Guilty
Authorities cited
Legislation (2)
- Section 203 of the Penal Code
- Section 204 of the Penal Code
Cases cited (4)
- ANTHONY NDEGWA NGARI VS REPUBLIC [2014] eKLR
- Roba Galma Wario vs Republic [2015] eKLR
- Nzuki Vs Republic [1993] KLR 171
- DANIEL MUTHEE VS REPUBLIC CRIMINAL APPEAL NO. 218 OF 2005 (UR)
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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