Republic v Benard Onyango Tambo [2019] KEHC 2224 (KLR)
- Court
- High Court of Kenya
- Case number
- 2224
- Citation
- [2019] KEHC 2224 (KLR)
- Decided
- 8 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from the original trial outcomeCoramA. C. MRIMA
Holding
The accused is found guilty of murder and is convicted under Section 322(2) of the Criminal Procedure Code.
Facts
The accused, Benard Onyango Tambo, was charged with the murder of his wife, Rosemary Ben, on July 1, 2018. The prosecution presented evidence including a post-mortem examination, police reports, and testimonies from witnesses.
Issues
- Whether the accused had malice aforethought
- Whether the accused was provoked
Reasoning
The court found malice aforethought and the number of stabs, with the intervention of PW6 preventing more stabs. The accused planned the attack and had ample time to act.
Outcome
Guilty
Orders
- Consequently, I find Benard Onyango Tambo guilty of the murder of Rosemary Ben as charged and do convict him under Section 322(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya.
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Laws of Kenya
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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