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JOSEPH ERIC OWINO V. EUNICE ORARE WERE

(1999) JELR 104296 (CA)

Court of Appeal  •  Civil Appeal 172 of 89  •  18 Mar 1999  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha, Zakayo Richard Chesoni

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>The appellant, HILLARY BWIRE WAFULA , was charged with and convicted of the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code. The appellant and the deceased Leonida Bigeti, were at the home of Jared Bwire Oroto where traditional liquor (busaa) had been brewed. Oroto was Wafula&#x27;s father. There was evidence that Bigeti took some busaa and she became a nuisance. She quarrelled with both Oroto and Wafula who each was said to have pushed her and she fell down. Wafula was alleged to have kicked her when she fell down. Bigeti died a day later and Oroto and Wafula were charged as we have stated above. Oroto died during the trial leaving Wafula as the only accused.</p><p>The doctor who carried out the autopsy on the body of Bigeti said in his written report that he found a fracture on the left side of the temporal region of the head and there was subdural haematoma on the same side. The doctor concluded that the cause of Bigeti&#x27;s death wa…</p>

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