[2002] KEHC 159 (KLR)
The Court of Appeal found that the evidence on record did not establish malice aforethought necessary for a conviction of murder. The court held that while the appellant was responsible for the unlawful killing, the circumstances did not meet the legal threshold for murder. Consequently, the court quashed the...
Source-derived case information.
- Citation
- [2002] KEHC 159 (KLR)
- Parties
- Appellant: Charles Bobby Obuon; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- ? 113 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part; conviction for murder quashed; conviction for manslaughter substituted; sentence of 8 years imprisonment imposed from 23rd February, 2001
- Legal Topics
- Murder, Manslaughter, Conviction Substitution, Sentencing, Appeal Outcome
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Bobby Obuon
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for murder was proper in light of the evidence presented.
- 2 Whether the sentence of death was appropriate or should be substituted with a lesser offence and sentence.
Ratio Decidendi
The Court of Appeal found that the evidence on record did not establish malice aforethought necessary for a conviction of murder. The court held that while the appellant was responsible for the unlawful killing, the circumstances did not meet the legal threshold for murder. Consequently, the court quashed the conviction for murder and set aside the sentence of death. The court substituted the conviction with one for manslaughter and imposed a sentence of eight years imprisonment, effective from the date of the original sentence. This decision was based on the application of the relevant provisions of the Penal Code and the court's assessment of the facts and evidence presented at trial.
Court Disposition
appeal allowed in part; conviction for murder quashed; conviction for manslaughter substituted; sentence of 8 years imprisonment imposed from 23rd February, 2001
Orders
- The appeal is allowed in part.
- The conviction for murder is quashed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU CRIMINAL APPEAL NO. 113 OF 2001
BETWEEN
CHARLES BOBBY OBUON ................................ APPELLANT AND REPUBLIC .......................................... RESPONDENT
(Appeal from a conviction & sentence of the High Court of Kenya at Kisii (Waweru, J.) dated 23rd February, 2001
in H.C.Criminal Case NO. 27 OF 1998) *************
Between
Republic .......................................... Prosecutor And Charles Bobby Obuon .................................. Accused
In Court this 21st day of June, 2002
Before: the Honourable Mr. Justice Gicheru, a Judge of Appeal, the Honourable Mr. Justice Shah, a Judge of Appeal, and the Honourable Mr. Justice Keiwua, a Judge of Appeal,
O R D E R
THIS APPEAL coming up for hearing on the 19th day of June, 2002 AND UPON HEARING L.G. Menezes, Esq., Counsel for the appellant and J.N. Gacivih, Esq., Counsel for the respondent, when the appeal was stood over for judgment and this appeal coming up for judgment this day IT IS ORDERED that this appeal be and is hereby allowed in part and his conviction of the offence of murder is quashed and the sentence of death passed upon the appellant is set aside and substituted therefor with a conviction of manslaughter and be and is hereby sentenced to 8 (eight) years imprisonment from 23rd February, 2001.
GIVENunder my hand and the Seal of the Court at Kisumu the 21st day of June, 2002.
DEPUTY REGISTRAR
Extracted on 21st June, 2002.
I certify that this is a true copy of this original.
DEPUTY REGISTRAR