ABDALLAH KITENGO OTIENO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant before us is Abdalla Kitengo Otieno. He was convicted by Kisumu Senior Principal Magistrate, Ezra Awino on 6^th October, 2010 on two counts of threats to kill contrary to section 223 of the Penal Code and was sentenced to serve two years imprisonment on each count, both sentences to run concurrently. His subsequent appeal to the High Court (Ali-Aroni, J) was dismissed on 11^th March, 2011, hence this second and final appeal. The particulars of the charge were as follows: “Count 1: On the 4^th day of March, 2005 at Kibos market in Kisumu district within Nyanza Province, without lawful excuse, indirectly caused Erick Gor Sungu to receive a threat to kill him.” “Count 2: On diverse dates between 14^th and 19^th June, 2005 at Kolola Market in Kisumu District within Nyanza Province, without lawful excuse indirectly caused CARILUS AKEDE RAKUOM to receive threats to kill him.” The matter has had a long and chequered history. The appellant was arrested on 19^th Ju…