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Bonaya Tutu Ipu & Noel Buya Kamale v. Republic

(2015) JELR 105296 (CA)

Court of Appeal  •  Criminal Appeal 43 & 50 of 2014  •  16 Oct 2015  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



This appeal turns solely on the question whether the appellants, Bonaya Tutu Ipu and Noel Buya Kamale, caused the death of Mathew Moya Komora (the deceased) with malice aforethought. The appellants were convicted and sentenced to death by the High Court, (Meoli, J.) on 3rd March 2014, for the murder of the deceased contrary to section 203 as read with section 204 of the Penal Code. Aggrieved by the conviction and sentence, they have appealed to this Court, contending through their learned counsel Ms. Chepkwony, that the prosecution did not prove beyond reasonable doubt that they unlawfully caused the death of the deceased with malice aforethought. Mr. Musyoki, learned Senior Principal Prosecution Counsel, concedes, that in the circumstances of this appeal, the appellants ought to have been convicted of manslaughter rather than murder.

The background to this appeal is as follows. The appellants are cousins. At the material time, the 1st appellant, Bonaya Tutu Ipu, w…

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