EDUSEI ASILI MALEMA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was tried with the aid of assessors in the High Court sitting at Busia for a charge of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence alleged that on the night of 26^th and 27^th September, 2003, the appellant murdered one Eureka Abwavo (deceased). The three Assessors reached a unanimous verdict that the appellant was guilty of the offence of murder. The trial Judge, Sergon, J, however found the appellant guilty of the lessor offence of manslaughter contrary to section 205 of the Penal Code and sentenced him to serve six (6) years imprisonment. The appellant appeals from the decision of the superior court against both conviction and sentence.

The deceased was the last born son of Naftali and Hellen Abwavo. The couple had three other children among them Nelson Abwavo (PW10) (Nelson) and Faith Abwavo Machoni (PW1) (Faith). Naftali died in 1999 and his wife in the year 2001 leaving their four child…