DAVID SILALE OKENO & ANOR V. REPUBLIC

JUDGMENT

1. This is a first appeal from the judgment of the High Court of Kenya at Nakuru. The two appellants, David Silale Okeria and Francis Oyie Lemori, were charged before that court with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code, particulars being that on 23rd March, 2008 at Kotorongot village in the then Koibatek District they jointly murdered Robert Ouko Oliech, hereinafter referred to as the deceased. The prosecution called 8 witnesses in support of its case, the appellants defended themselves, and in a judgment delivered by Anyara Emukule, J. on 13th June, 2014 the appellants were convicted and sentenced in a ruling dated 10th October, 2014 to serve 30 years’ imprisonment from the date of their arrest and detention.

2. Although we are required in a first appeal like this one to re-evaluate the evidence and come to our own conclusions of facts (Okeno v Republic [1972] EA 32),always remembering that we do not have the benefit of seeing or …