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EWOI EBENYO
V.
REPUBLIC

(2019) JELR 97434 (CA)

Court of Appeal 28 Jun 2019 Kenya
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Case Details

Suit Number:Criminal Appeal 184 of 2018
Judges:Erastus Mwaniki Githinji Hannah Magondi Okwengu Jamila Mohammed
Location:Eldoret
Other Citations:Ewoi Ebenyo v. Republic [2019] eKLR

JUDGMENT OF THE COURT

[1] The appellant was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal code. However, after trial he was convicted of the offence of manslaughter contrary to section 205 of the Penal Code and sentenced to 15 years imprisonment. He now appeals against the conviction and sentence.

[2] The particulars of the offence were that on 14th April, 2016 at Kakuma Refugee camp the appellant murdered Elim Kapua alias Lour. The prosecution called five witnesses, two of them eye-witnesses. According to the evidence of Paul Lotienga (PW2) and Lopeyo Emont (PW4), on the morning of 14th April 2016, the appellant took a camel that he had bought to the livestock market at Kakuma Refugee Camp for sale. The deceased who was at the market started taking photographs of the camel using a mobile phone. The appellant was angered by the act of photographing his camel and the two started quarrelling. The quarrel led to a fight. The appellant hit …

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