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Elisha Ogutu Atieno v. Republic

(2020) JELR 98374 (CA)

Court of Appeal  •  Criminal Appeal 125 of 2016  •  3 Apr 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

On 21st September, 2013, at around 10.00am VOO aged 12 years then and son to Simeon Omollo Nyanga “the deceased” was accompanying the deceased to his farm. He was walking about two metres behind when he suddenly saw the appellant whom he knew very well as a neighbor, assaulting the deceased with a panga and a spear. The appellant was with another person. The appellant cut the deceased on the right hand and right leg. When the two assailants realized that he had seen them they started pursuing him. He ran home and informed his brother’s wife, Mary Akinyi Okello, (PW2) what he had seen.

PW2 confirmed that she was at home on the material day when PW1 came running and told her that the appellant was killing the deceased who was her father in law. Together with PW1 and another sister in law, Ann Anyango they rushed to the scene. As they approached the scene she saw the appellant and another assailant Omollo at a distance of about 20 metres running away carrying pangas. …

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