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Benard Oliech Ooko v. Republic

(2019) JELR 105767 (CA)

Court of Appeal  •  Criminal Appeal 27 of 2015  •  21 Nov 2019  •  Kenya

Martha Karambu Koome, William Ouko, Fatuma sichale



While it is common factor that there was a dispute over family land between the deceased and his brother, who is the father of the appellant, and while there was medical evidence of the cause of death of the deceased, the critical question in the trial as indeed it is before us is who inflicted the injuries from which the deceased died.

But from their investigations, the police identified the appellant as the suspect and charged him with the offence of murder contrary to section 203 as read with section 204 of the Penal Code: that on the 11th of November, 2012 at Onyando village within Homabay County, he murdered his paternal uncle, Patrick Lumumba Ooko (the deceased).

The deceased and the appellant lived in the same village and their homes were approximately 1km apart. It was the prosecution’s case that on 7th November, 2012 the appellant’s father (PW4) who is a brother to the deceased had reported to the area chief (PW2) that the deceased had destroyed trees at th…

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