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Gordon Okumu Oluoch v. Republic

(2015) JELR 105214 (CA)

Court of Appeal  •  Criminal Appeal 17 of 2014 (R)  •  6 Nov 2015  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



1. The appellant, Gordon Okumu Oluoch, was charged and tried before the High Court of Kenya at Kisumu for the offence of murder. He was subsequently convicted for that offence in a judgment delivered on 16th December 2013 and sentenced to death. The particulars of the offence were that on 11th July 2008 at Otonglo village in the then Kisumu West District of the then Nyanza Province, he murdered one Michael Owino Okumu.

2. He has appealed to this Court against the conviction and sentence on grounds that the chargeof murder was not supported by evidence; that malice aforethought, a necessary ingredient of the offence, was not established; that the evidence that the appellant acted out of frustration, anger and provocation was ignored; that the trial court relied on the evidence of single eye witness; that the alleged murder weapon, namely the slasher that was produced in court had no blood stains and the nexus between that slasher and the injuries sustained by the de…

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