[2010] KEHC 2185 (KLR)
The court found that the accused unlawfully caused the death of his brother by striking him with a stick while both were intoxicated. There was no evidence of premeditation, animosity, or motive, and the fatal incident appeared to arise spontaneously from drunkenness. The court held that intoxication does not excuse...
Source-derived case information.
- Citation
- [2010] KEHC 2185 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Okware Obwang
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Murder Case 9 & 18 of 2010
- Procedural Posture
- Murder Case / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- Homicide, Sentencing, Intoxication Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Okware Obwang
Defendant
Procedural Posture
Murder Case / Sentencing
Legal Issues
- 1 Whether the accused unlawfully caused the death of his brother.
- 2 Whether intoxication is a mitigating or excusing factor in the commission of the offence.
Ratio Decidendi
The court found that the accused unlawfully caused the death of his brother by striking him with a stick while both were intoxicated. There was no evidence of premeditation, animosity, or motive, and the fatal incident appeared to arise spontaneously from drunkenness. The court held that intoxication does not excuse criminal conduct but may be considered in mitigation. Taking all circumstances into account, including the lack of prior animosity and the role of intoxication, the court sentenced the accused to twelve months' imprisonment.
Court Disposition
convicted and sentenced
Orders
- The accused is committed to prison for a period of twelve months.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUSIA Murder Case 9 & 18 of 2010
(From Bungoma Murder case no.18/2010)
REPUBLIC………………………………………………………PROSECUTOR
VERSUS
PETER OKWARE OBWANG………………………………………….ACCUSED
SENTENCE
The accused who had been drinking changaa or local brew with his brother hit his brother with astick on the head and back. The injuries caused, led to the deceased’s death. There is no evidence that there was animosity between the two. There is no evidence either of the reason of their quarrel that fateful night after they had been together in happiness the whole day. Clearly therefore, the calamity sprung from drunkenness. If that is what drunkenness causes, then it must be eliminated or refunded. Those who make themselves drunk should their be aware that if they commit breach of law, they will not be excused.
Taking all into account, the court thinks and hereby commits accused to prison for a period of 12 twelve months.
Orders accordingly
Dated and delivered at Busia this 15th day of July, 2010.
D.A ONYANCHA
JUDGE