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Alex Abuga Omache v. Republic

(2001) JELR 105619 (CA)

Court of Appeal  •  Criminal Appeal 152 of 2000  •  22 Mar 2001  •  Kenya

Abdulrasul Ahmed Lakha, Effie Owuor, Bernard Chunga



In this case the appellant, ALEX ABUGA OMACHE, was convicted of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code by the superior court at Kisii (Waweru, J.) on 8 February 2000. He was sentenced to seven years' imprisonment. He appeals to this Court against sentence only.

The appellant and the deceased were brothers. They owned parcels of land that bordered each other. A dispute arose between them over a portion of land at their common boundary. They quarrelled and in the process started fighting. The appellant cut the deceased with a panga. The deceased received multiple cuts on the abdomen and the chest. He died on the way to hospital.

The appellant had pleaded guilty to the charge that on 3 August 1999 at Charachani sub-location in Nyamira District of Nyanza Province he unlawfully killed one ZACHARIAH MATUNDA.

We have carefully considered all the circumstances of this case. This was yet another needless killing of one brother by anoth…

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