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Godfrey Okumu Opapa v. Republic

(2005) JELR 97048 (CA)

Court of Appeal  •  Criminal Appeal 248 of 2004  •  21 Jun 2005  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

The Assistant Deputy Public Prosecutor, Mr. Gumo, does not support the conviction in this appeal, and, we think, he is right to concede.

In the early hours of 23rd August, 2000 the body of Patrick Lumumba Fadamula (hereinafter “the deceased”) was found floating on river Kipsonoi in Litein area of Buret District. It was taken to Lazarus Funeral Home in Kericho where a postmortem was conducted by the Medical Officer of Health Dr. Makokha (PW4). The pathologist found a sisal string tied round the neck four times and she performed a thorough examination of the body internally and externally. She came to the conclusion that the cause of death was severe hypoxia (lack of oxygen) as a result of strangulation with a sisal string which fractured the upper trachea. There was no direct evidence on how the deceased ended up in Kipsonoi river, or how he died.

The deceased was an employee of M/s. Njoro Canning Company, at their Litein Branch and he had possession of the company v…

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