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R.C v. Republic

(2005) JELR 96569 (CA)

Court of Appeal  •  Criminal Appeal 199 of 2004  •  23 Sep 2005  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Erastus Mwaniki Githinji



The sole issue raised and argued in this appeal is whether the defence of provocation is available to the appellant in the circumstances of this case.

“Provocation” is defined under Section 208 of the Penal Code, Cap 63 to mean and


“............except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person or in the presence of an ordinary person to another person who is under his immediate care, or to whom he stands in a conjugal, parental, filial or fraternal relation, or in the relation of master or servant, to deprive him of the power of self-control and to induce him to commit an assault of the kind which the person charged committed upon the person by whom the act or insult is done or offered.”

An unlawful killing in circumstances which would constitute murder would thus be reduced to manslaughter, but only if the act which causes death is done in the heat of passion caused by sudden provocatio…

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