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RAPHAEL OMOLO v. REPUBLIC

(1983) JELR 94987 (CA)

Court of Appeal  •  crim app 39 of 83  •  20 Jun 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Alister Arthur Kneller, David Christopher Porter

Judgement

JUDGMENT OF THE COURT

Raphael Omolo Arura, the appellant, aged 31, or so, and formerly a contract sugar-cane cutter at Chemelil, is aggrieved by the sentence of 31/2 years imprisonment passed upon him by the High Court (Schofield, J) in Kisumu on March 23, 1983 when he was convicted on his own plea of guilty to manslaughter.

He unlawfully killed Johannes Suba Ondiek (Ondiek), aged about 35, on June 18, 1982 near Mariwa Village in Kochogo sub-location, South East Kano Location in the Kisumu District. Ondiek herded his cattle off to some pasture some time that day and at dusk the cattle trailed back alone. A search party did not find him that night. A neighbour discovered his corpse at 8.00 the next morning in a pool of blood in a field.

His left ear had been cut off and the left side of his skull and brain were crushed which led to internal bleeding in the brain, and heart failure. The police began their investigations and certain information led them to look for the appellant because he …

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