Nyadundo v. R. (E. A. C. A.) Crim. App. 51-D-71; 5/71 Lutta J. A.

Nyadundo v. R. (E. A. C. A.) Crim. App. 51-D-71; 5/71 Lutta J. A.

The appellant was convicted of manslaughter and sentenced to 9 years imprisonment. The appellant was the husband of the deceases and had been aware for sometime of the deceased’s adultery with one Dominico s/o Rubenge. On 25the February, 1970 the appellant found the deceased and Dominico in an act of adultery. He inflicted a severe beating on the deceased which caused her death the same day. The trial judge held that appellant’s prior knowledge of the deceased’s adultery disabled him form pleading provocation.

            Held: (1) “We think that whether the defence of provocation is available to a husband or not is a matter of fact in a particular case. if the killing was done when the husband found his wife with her paramour in the act of adultery, the husband would not be precluded from setting up provocation as a defence, notwithstanding his prior knowledge of adultery between them.” (Yokoyadi Lakora v. R. (1960) E. A. 323 approved).