Relief for Stephen Apol as court acquits him of manslaughter charges, 'acted in self-defence'

A resident magistrate court has acquitted a man charged with manslaughter on grounds he acted in self-defence.

Stephen Odour Apol was accused of committing the act on March 14, 2007 at Obambo sub-location in Siaya and charged with manslaughter contrary to section 202 as read with section 205 of the penal code.

In his ruling, Siaya acting Resident Magistrate Jared Sani found the accused not guilty.

"I find that the prosecution case fell short of being proved beyond reasonable doubt. First, the evidence of what transpired at the scene is at variance. On one side, the first witness stated it was the accused's brother who cut the deceased to death and that the accused only hit him with the stone. On the other side, the second witness stated that after the accused hit the deceased with a stone, he proceeded to draw a machete from his truck suit, which he used to hit the deceased on the neck and shoulder," said the magistrate.

Mr Sani further indicated that he was inclined to believe the accused's defence that he never committed the alleged offence as charged and that he was actually acting in self-defence.

"I accordingly proceed to grant him with the benefit of doubt and acquit him under section 215 of the Criminal Penal Code. I am thus at a loss on whom to believe keeping in mind the death is said to be as a result of excessive bleeding from the wounds," added the magistrate.

The court heard from the first witness that on the material day, the accused hit the deceased on the neck with a machete prompting the deceased to fall.

The accused then took the machete and gave it to his brother who cut the deceased to death. The witness, Margaret Mbiyi, on cross-examination stated that the accused only hit the deceased with a stone.

The second witness, James Nyakilu, stated that on the said day he met the accused who told him that the deceased had cut him with a machete.

However, Mr Nyakilu could not tell what transpired at the scene since he was not there. He weakened his witness account by the telling the court that the deceased also cut the accused with the machete; a fact he did not witness.

In his defence, Mr Apol said on the material day he had gone to advise the deceased not to encroach into his land only for the deceased to cut him on the shoulder. He produced a P3 Form to show the results of the injuries as stated.

The medical officer in charge of the post-mortem results Annet Metho produced a report indicating good mental health of the accused. She concluded that the cause of death was as a result of severe haemorrhage occasioned by deep cuts on the head.