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HILLARY BWIRE WAFULA
V.
REPUBLIC

(1999) JELR 98091 (CA)

Court of Appeal 18 Mar 1999 Kenya
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Case Details

Suit Number:criminal appeal 8 of 1996
Judges:Riaga Samuel Cornelius Omolo Abdulrasul Ahmed Lakha Zakayo Richard Chesoni
Location:Kisumu
Other Citations:Hillary Bwire Wafula v. Republic [1999] eKLR

JUDGMENT OF THE COURT

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'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.

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's death was…

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