Isaac Onyango Mugoma & Another V Republic [2003] EKLR
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| Case Number: Criminal Appeal 83 of 2003 |
Date Delivered: 13 Jun 2003 |
Judge: Philip Kiptoo Tunoi, Richard Otieno Kwach, Erastus Mwaniki Githinji
Court: Court of Appeal at Kisumu
Parties: Isaac Onyango Mugoma & Joshua Otieno Kasina v Republic
Advocates:
Citation: Isaac Onyango Mugoma & another v Republic [2003] eKLR
Isaac Onyango Mugoma & another v Republic
Court of Appeal, at Kisumu June 13, 2003
Kwach, Tunoi & Githinji JJ A
Criminal Appeal No 83 of 2003
(Appeal from a conviction and sentence of the High Court of Kenya
at Kisii (Wambilyangah, J) dated 20. 5. 2002 in
HCCR Case No 20 of 2000)
Criminal law - murder - malice aforethought - appellants members of a vigilantes group - evidence that appellants killed the deceased – deceased suspected of theft - no evidence as to what actually happened immediately before or at the moment of the killings - contradictory testimony of the deceased’s wife believed by trial judge - actual circumstances of the death not known - whether malice aforethought proved.
Criminal law - manslaughter - sufficient evidence that appellants killed the deceased – killing unlawful - no evidence of malice aforethought - whether appellants guilty of manslaughter.
The appellants were members of a vigilante group who had killed the deceased after suspecting of being a thief. There was no evidence as to what actually happened immediately before or at the moment of the killing.
The appellants had been convicted of murder on the contradictory testimony of the wife of the deceased even though the actual circumstances of the death were not clear. However, there was sufficient evidence that the appellants had taken part in the killing but no evidence was adduced to prove that they had malice aforethought. They appealed against both conviction and sentence.
Held:
1. The burden was on the prosecution to prove malice aforethought and that burden had not been discharged and as such a conviction of murder could not stand.
2. There was no doubt that the appellants caused the death of the deceased and that the killing was unlawful.
Conviction of murder substituted with manslaughter.
Cases
No cases referred to.
Statutes
1. Penal Code (cap 63) sections 203, 204
2. Criminal Procedure Code (cap 75) section 322(4)
Advocates
Mr Ongele for Appellants
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PAULINE NJERI KARIUKI Vs MONICAH NJERI KARIUKI[2003] EKLR
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| Case Number: civ case 5224 of 90 |
Date Delivered: 12 Jun 2003 |
Judge: Andrew Isaac Hayanga
Court: High Court at Nairobi (Milimani Law Courts)
Parties: PAULINE NJERI KARIUKI vs MONICAH NJERI KARIUKI
Advocates:
Citation: PAULINE NJERI KARIUKI vs MONICAH NJERI KARIUKI[2003] eKLR
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WINNIE WANJIRU MUTURI Vs RUDOLF KARL DIESCH[2003] EKLR
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| Case Number: div cause 19 of 03 |
Date Delivered: 12 Jun 2003 |
Judge: Alex George Aluri Etyang
Court: High Court at Mombasa
Parties: WINNIE WANJIRU MUTURI vs RUDOLF KARL DIESCH
Advocates:
Citation: WINNIE WANJIRU MUTURI vs RUDOLF KARL DIESCH[2003] eKLR
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IAN ALEXANDER COWIE Vs HUGH RICHARD COWIE & ANOTHER[2003] EKLR
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| Case Number: civ case 5459 of 90 |
Date Delivered: 12 Jun 2003 |
Judge: Richard Charles Namasaka Kuloba
Court: High Court at Nairobi (Milimani Law Courts)
Parties: IAN ALEXANDER COWIE vs HUGH RICHARD COWIE & ANOTHER
Advocates:
Citation: IAN ALEXANDER COWIE vs HUGH RICHARD COWIE & ANOTHER[2003] eKLR
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YELLOW PAGES PUBLISHING & MARKETING LIMITED Vs NEWSTRACKERS PUBLISHERS LIMITED[2003] EKLR
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| Case Number: civ app 498 of 00[1] |
Date Delivered: 12 Jun 2003 |
Judge: John Micheal Khamoni
Court: High Court at Nairobi (Milimani Law Courts)
Parties: YELLOW PAGES PUBLISHING & MARKETING LIMITED vs NEWSTRACKERS PUBLISHERS LIMITED
Advocates:
Citation: YELLOW PAGES PUBLISHING & MARKETING LIMITED vs NEWSTRACKERS PUBLISHERS LIMITED[2003] eKLR
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SIMON MOKOYA ASANYO VS BILHA KWAMBOKA MISATI[2003] EKLR
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| Case Number: case no.1000 of 2000 |
Date Delivered: 11 Jun 2003 |
Judge: KABURU BAUNI
Court: High Court at Nairobi (Milimani Law Courts)
Parties: SIMON MOKOYA ASANYO VS BILHA KWAMBOKA MISATI
Advocates:
Citation: SIMON MOKOYA ASANYO VS BILHA KWAMBOKA MISATI[2003] eKLR
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BAKERY, CONFECTIONERY, MANUFACTURING, & ALLIED WORKERS’ UNION V DEEPA INDUSTRIES LTD [2003] EKLR
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| Case Number: Cause 50 of 2001 |
Date Delivered: 11 Jun 2003 |
Judge: Charles Pius Chemuttut
Court: Employment and Labour Relations Court at Nairobi
Parties: BAKERY, CONFECTIONERY, MANUFACTURING, & ALLIED WORKERS’ UNION v DEEPA INDUSTRIES LTD
Advocates:
Citation: BAKERY, CONFECTIONERY, MANUFACTURING, & ALLIED WORKERS’ UNION v DEEPA INDUSTRIES LTD [2003] eKLR
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KENYA PLANTATION & AGRICULTURAL WORKERS’ UNION V KENYA TEA DEVELOMPMENT AUTHORITY (now KENYA TEA DEVELOPMENT AGENCY) [2003] EKLR
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| Case Number: Cause 98 of 1999 |
Date Delivered: 10 Jun 2003 |
Judge: Charles Pius Chemuttut
Court: Employment and Labour Relations Court at Nairobi
Parties: KENYA PLANTATION & AGRICULTURAL WORKERS’ UNION v KENYA TEA DEVELOMPMENT AUTHORITY (now KENYA TEA DEVELOPMENT AGENCY)
Advocates:
Citation: KENYA PLANTATION & AGRICULTURAL WORKERS’ UNION v KENYA TEA DEVELOMPMENT AUTHORITY (now KENYA TEA DEVELOPMENT AGENCY) [2003] eKLR
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MWALIMU KARISA V REPUBLIC[2003] EKLR
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| Case Number: crim app 280 of 01 |
Date Delivered: 10 Jun 2003 |
Judge: Pamela Mwikali Tutui, Lawrence Peter Ouna
Court: High Court at Mombasa
Parties: MWALIMU KARISA v REPUBLIC
Advocates:
Citation: MWALIMU KARISA v REPUBLIC[2003] eKLR
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Ngatho & Another V Nduruka & Another [2003] EKLR
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| Case Number: Civil Appli 282 of 2002 |
Date Delivered: 06 Jun 2003 |
Judge: Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu
Court: Court of Appeal at Nairobi
Parties: Lilian Wairimu Ngatho, Elizabeth Murungari Njoroge v Naomi Nduruka & Njoroge Njau - Consolidated with - Lilian Wairimu Ngatho & Elizabeth Murungari Njoroge v Legal Representatives of the Estate of Kiruhi Kimondo & 5 others
Advocates:
Citation: Ngatho & another v Nduruka & another [2003] eKLR
Civil Procedure - application to strike out notices of appeal for failure to take further steps to prosecute the intended appeals.
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