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Eliud Oswago Oudu v. Republic

(2011) JELR 98371 (CA)

Court of Appeal  •  Criminal Appeal 446 of 2008  •  3 Nov 2011  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

This is the first appeal by Eliud Oswago Oudu, from his conviction by the High Court sitting in Kisumu, for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged in the Information filed by the Attorney General on 6th October, 2008 that on the 16th day of September, 2008 at Bandani Estate in Kisumu East District, he murdered Risper Odeyo Oudu (“the deceased” ).

The deceased was the appellant’s 80 year-old mother. Her death occurred suddenly on 23rd September, 2008 following complications arising out of a burn injury suffered on her thigh one week earlier on 16th September, 2008. Dr. James Obondi Otieno (PW8) produced a report of one Dr. Cephas Otieno who carried out a postmortem on her and confirmed that she had a 2nd degree burn on the left outside part of her thigh covering 12% of the thigh area. It was not possible to identify what caused the burn. Her face muscle was also affected by trauma. The thigh burn had …

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