Republic v Peter Wafula Makokha & 2 others [2021] KEHC 2318 (KLR)
- Court
- High Court of Kenya
- Case number
- 2318
- Citation
- [2021] KEHC 2318 (KLR)
- Decided
- 3 November 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from a conviction and sentenceCoramS N RIECHI
Holding
The court finds the accused not guilty of murder and acquits them.
Facts
The accused were charged with murder for the deaths of Jesse Khaoya Kitele and Fidelis Bahati on March 12, 2018. The prosecution alleged that the accused had stolen a cow and that the deceased were apprehended and killed by a mob.
Issues
- Whether the accused jointly or severally inflicted the injuries that led to the death of the deceased.
- Whether the prosecution proved the unlawful act that caused the death.
Reasoning
The prosecution failed to prove that the accused committed the unlawful act that caused the death of the deceased. The court also found that the prosecution did not prove malice aforethought.
Outcome
Not Guilty
Orders
- Peter Wafula Makokha, Daniel Wangila Masinde, and Kizito Sifuna Makokha are acquitted of the charges and set at liberty.
Authorities cited
Legislation (2)
- Section 203 and 204 of the Penal Code
- Section 206 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.
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