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John Onyango Obala v. Republic

(2011) JELR 105318 (CA)

Court of Appeal  •  Criminal Appeal 4 of 2010  •  17 Mar 2011  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya



JOHN ONYANGO OBALA, the appellant, was on 15th November, 2007 convicted by the Senior Resident Magistrate, Nyando, of manslaughter contrary to section 202 as read with section 205 of the Penal Code and sentenced to life imprisonment. Being aggrieved he preferred an appeal against both conviction and sentence. Karanja, J. on 3rd December, 2009 dismissed the appeal by upholding the conviction but reduced the sentence to 30 years imprisonment. Hence this appeal.

On 8th December, 2006 the appellant reported to Koru Police Station that on the previous night his wife, Rose Adhiambo (the deceased) had come home drunk. After a brief quarrel he locked her in the house and went to sleep in the first wife’s house. In the morning of the following day, the deceased was found dead. The appellant denied beating her at all or causing her death. He maintained that she could have found injury due to an epileptic episode.

In the course of investigation, the police and the local assist…

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