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Eric Opiyo Agunda,John Odhiambo Opiyo,William Odienge Otete & Andrew Odhiambo Milar v. Republic

(2019) JELR 102388 (CA)

Court of Appeal  •  Criminal Appeal 123 of 2016  •  31 Oct 2019  •  Kenya

Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia, Sankale ole Kantai



On 8th July, 2013, the High Court at Homa Bay was informed that Eric Opiyo Agunda, John Odhaimbo Opiyo, William Odienge Otete and Andrew Odhiambo Milar (“the appellants”) with others not before court had murdered Michael Odhiambo Akuku alias Apeza contrary to section 203 as read with section 204 of the Penal Code. The particulars of the information were that on 4th June, 2013 at Mirogi Trading Centre, Ndhiwa District within Homa Bay County with others not before court jointly murdered MICHAEL ODHIAMBO AKUKU alias APESA (hereinafter, “the deceased”). The appellants pleaded not guilty to the charge and soon thereafter the hearing of their case ensued.

The prosecution’s case was that the deceased was beaten and set ablaze by a mob which included the appellants on suspicion that he had stolen some items namely a motor cycle and a generator. In a bid to prove this narrative, the prosecution called a total of nine witnesses. Through the eyes of these witnesses, the prose…

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