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Dennis Mbogho Apudho v. Republic

(2010) JELR 98383 (CA)

Court of Appeal  •  Criminal Appeal 335 of 2008  •  26 Nov 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno

Judgement


REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISUMU

CRIMINAL APPEAL 335 OF 2008

DENNIS MBOGHO APUDHO......................................... APPELLANT AND REPUBLIC ................................................................ RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Kisumu (Tanui, J.) dated 3rd April, 2003 in H.C.CR.C. NO. 7 OF 2001) ****************** ORDER OF THE COURT Mr. Justice Tanui, as he then was, tried and convicted the appellant, Dennis Mbogho Apudho, on a charge of murder contrary to section 203 as read with section 204 of the Penal Code. The information containing the charge had stated in its particulars that on the night of 4th /5th January, 2000, the appellant, together with five other persons who were charged with him, jointly murdered Abdallah Juma Ochieng. The trial Judge tried the appellant with the aid of assessors. At the end of the trial, the learned Judge summed-up the case for the assessors and all the three of them u…

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