Rex v Nunguyashi (Criminal Appeal No. 99 of 1941) [1941] EACA 55 (1 January 1941)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 99 of 1941
Judge
Sheridan, (C.J. Kenya), Webb CJ, Whitley CJ
The Court of Appeal held that the trial judge stated provocation law too broadly, but the insulting words used here were not enough to reduce murder to manslaughter.
Rex v Oba (Criminal Appeal No. 90 of 1941) [1941] EACA 98 (1 January 1941)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 90 of 1941
Judge
Sheridan CJ, Webb CJ, Whitley CJ
The Court of Appeal for Eastern Africa upheld a murder conviction, holding that the alleged insulting words were not sufficient provocation to reduce the offence.
Rex v Kirangi (Criminal Appeal No. 167 of 1940) [1940] EACA 24 (1 January 1940)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 167 of 1940
Judge
Lucie-Smith, J. (Kenya), Sheridan CJ, Whitley CJ
The court held that the appellant did not act under legal provocation as defined by section 192 of the Tanganyika Penal Code. The killing of Lukubalugosa occurred after the appellant received news of his brother's death and went to the location where Lukubalugosa was already in custody. The court distinguished the present case from R v. Okurutumu s/o Ongiro, clarifying that legal provocation requires the act or insult to be committed in the presence of the accused. The facts did not support the existence of legal provocation, and to hold otherwise would be contrary to the express statutory pr…
Legure v Rex (Cr.A. 58/1934.) [1937] EACA 157 (1 January 1937)
Court
East African Court of Appeal
Case number
Cr.A. 58/1934.
Judge
Abrahams CJ, Ag P (Uganda), Lucie-Smith Ag CJ (Kenya), Webb, J
The Court of Appeal for Eastern Africa held that there was no evidence of provocation sought as an excuse for killing, and reduced murder to manslaughter.