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(2016) JELR 98321 (CA)

Court of Appeal  •  Criminal Appeal 86 of 2014  •  29 Jul 2016  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu



1. The appellant, Henry Okello Dambe, a senior citizen born in 1935, was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on 10th April 2010 at Omia Diere sub-Location, East Asembo Location, Rarieda District of the then Nyanza Province, he murdered Gordon Okiri Ondiso. He was tried by the High Court of Kenya at Kisumu and convicted in a judgment delivered on 26th March 2014 and sentenced to death.

2. He has appealed against the conviction and sentence on the grounds that the offence of murder was not proved to the required standard and that there was evidence of provocation, which the trial court failed to take into consideration.

3. Learned counsel Mr. K. O. K’owinoh submitted that the appellant should not have been convicted for the offence of murder as there was sufficient evidence of provocation; that the deceased insulted the appellant by referring to him as a dog; th…

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