KATANA KARISA & 4 OTHERS
V.
REPUBLIC

JUDGMENT OF THE COURT

The five appellants were convicted by the superior court upon trial with the aid of assessors for the offence of murder contrary to section 203 as read with section 204 of the Penal Code and each sentenced to death.

The 1^st, 3^rd, 4^th and 5^th appellants appeal to this Court against the conviction for the offence of murder and sentence of death intimating that the evidence disclosed the offence of manslaughter. The 2^nd appellant appeals against the entire conviction and sentence.

The deceased, Charo Kadenge Chogo (Charo Kadenge) was a blind old man aged about 80 years. The 1^st appellant, Katana Karisa, is a neighbour and cousin of the deceased. Their mothers are sisters. He has six wives and 29 children. The 2^nd appellant is one of his wives and the 3^rd, 4^th and 5^th appellants are his sons. The 1^st appellant’s young son had previously died and had been buried at the home of the 1^st appellant. The following account of the circumstances leading to the death of Charo Kad…