COLLINS OMUSE OKWARE V. REPUBLIC

JUDGMENT OF THE COURT

This is a first appeal. Vide Information dated 7^th September, 2001, the Attorney General informed the superior court that the appellant, Collins Omuse, Okware, was charged with two offences of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offences were that:-

“Collins Omuse Okware, on the 28^th day of April, 2001 at Tumaini farm in Trans Nzoia District within Rift Valley Province murdered Jane Tata Omuse” and that

“Collins Omuse Okware, on the 28^th day of April, 2001 at Tumaini farm in Trans Nzoia District within Rift Valley District Province murdered SLYVIA Atoo Amuse (sic).”

He pleaded not guilty to the two counts, but after a full hearing, with the aid of assessors the superior court (W. Karanja, J) found him guilty of the two counts, convicted him of the offences as charged in the information and sentenced him to death. He was not satisfied with both convictions and sentences and hence this appeal before us premi…