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John Ndede Ochuodho alias Obago v. Republic

(2018) JELR 100826 (CA)

Court of Appeal  •  Criminal Appeal 120 of 2014  •  21 Jun 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1]This is an appeal against the Judgment of the High Court (Ali-Aroni, J.) convicting the appellant for the offence of murder of Ibrahim Agok Achar (deceased) contrary to section 203 as read with section 204 of the Penal Code and sentencing the appellant to twenty five (25) years imprisonment.

[2] The prosecution case was briefly as hereunder.

On 13th December, 2006, between 2 pm and 3 pm, Marcelus Akok Achieng (Marcelus) was walking home in Tamu, Muhoroni when he saw the appellant herding cattle. He also saw the deceased and Jastus Anzenze (Justus) resting under a tree at the shamba (farm) of one Otieno Achar.

The appellant’s cattle were moving about eating grass and sugar cane. As the cattle reached the shamba of Otieno Achar, Justus rose up holding a stick and said that he would not allow the cattle to pass over the land; directed them back and told the appellant to take them back. Thereupon the appellant who had a rungu (club) hit Justus with it on the head and …

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