DANIEL ANYANGO OMOTO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Daniel Anyango Omoto was charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars were that between the 1^st and 6^th day of January, 2010 at Ebukwala Village, Wambilishe Sub-Location, Kisa Central Location in Khwisero District within Kakamega County with others not before court, he murdered Judith Ekaliche Oure. He denied the information and soon thereafter his trial ensued. The prosecution in a bid to prove their case lined up a total of 10 witnesses.

The prosecution case in brief was as follows: PW1, Frida Atieno Ambaisi Ikhuli was the deceased’s sister in-law. On 1^st January, 2010 at about 3.00pm she was on her way to the shopping Centre when she met the deceased in the company of her boyfriend Stephen Nyangweso (PW2). The deceased and PW2 went out and came back three times before parting ways and the deceased left for the disco with the appellant. However, when she went to the deceased’s home the foll…