BENSON OWINO OLONDE V. REPUBLIC

JUDGMENT OF THE COURT

In Information dated 6^th October, 2005, the appellants, Julius Murambi Ouko and Benson Owino Olonde, faced the charge of murder contrary to section 203 as read with section 204 of the Penal code. The particulars of the charge were that on the night of 11^th and 12^th August, 2005 at Ocholo village in Ruri west sub location, Lambwe East location in Suba District of the Nyanza Province, the accused jointly murdered Samuel Odhiambo Odundo.

They pleaded not guilty to the charge but after the full hearing, which began with the aid of assessors, but somehow proceeded without them in respect of the last two witnesses, the learned Judge of the High Court, Musinga, J. who took over the hearing from the late Bauni, J midstream, found them guilty as charged, and convicted and sentenced them to death.

The appellants were dissatisfied with the conviction and sentence, hence this second, and possibly final, appeal.

At the commencement of the hearing of this appeal, Mr. P. M. Gumo, A…