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Caleb Ochonga Amenya v. Republic

(2015) JELR 98404 (CA)

Court of Appeal  •  Criminal Appeal 65 of 2013  •  23 Oct 2015  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



Caleb Ochonga Amenya, the appellant, was charged before the High Court at Kisii with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on 27th November 2008 at Riosuta village, Botabori sub location, Gucha South District of Nyanza Province, he murdered Florence Mogoti Mocha (the deceased).

On 28th November 2008, at about 7pm Stephen Oragi Mocha PW1 (Stephen) went to the deceased’s house as she was to accompany him to a funeral. He noticed that the door of his mother’s kitchen was ajar. When he looked through the door he saw the deceased lying on the ground. Since she suffered from epilepsy, he put a stick in her mouth, but in doing so, found that she was already dead. She had injuries on her legs and neck, and there was blood on the left side of her mouth. Stephen called his uncle, Ongaga Nyang’ora, PW4 (Ongaga).

On the same day, when he heard screams coming from Mocha’s house, Ongaga s…

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