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Amos Omanyala Munyekenye, Chrispinus Ouma Omollo, Karoli Sande Sokoni, Christopher Ekesa Munyekenye & Wilberforce Okumu Amolla v. Republic

(2020) JELR 105610 (CA)

Court of Appeal  •  Criminal Appeal 161 of 2015  •  31 Jan 2020  •  Kenya

Milton Stephen Asike Makhandia, Patrick Omwenga Kiage



On 20th October, 2008, at about 9pm, thugs numbering about five or more invaded the home of Barasa Omanyala Ekine (the deceased). They forced open the door to the deceased’s grass-thatched house and coming upon him viciously attacked him by cutting him with pangas and thereafter set him and the house ablaze using petrol as the accelerant. The deceased’s daughter, Josephine Amonding (PW1) who was with him at the time was simultaneously attacked and cut on the face. However, she had recognized the thugs as they stormed the house with the assistance of light provided by a tin lamp as well as the torch that one of the thugs had. She recognized the thugs as the appellants who were both her relatives and neighbours. Upon being cut, she managed to escape and ran outside the house and shortly thereafter as the house was burning she was able again to recognize the appellants as they left the scene. The light from the burning house was so bright that she could not have mist…

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