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JOSEPH OKOTO OLOO & 4 others v. REPUBLIC

(2010) JELR 98082 (CA)

Court of Appeal  •  Criminal Appeal 287 of 2008  •  5 Feb 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya

Judgement

JUDGMENT OF THE COURT

On 18th April, 2004, a total of seven persons appeared before the late Mr. Justice Kaburu Bauni, charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the Information were that during the night of 30th November/1st December, 2003 at Kwa sub-location, Suna Rabuor Location in Migori District of Nyanza Province, the seven named persons murdered Joseph Abich Odhuno, hereinafter “the deceased.” The persons so cited in the Information were William Otieno Jaoko (Accd 1), Paul Okeyo Opiyo (Accd. 2), Joseph Okuto Oloo (Accd 3), Isaiah Meno Owiti (Accd. 4), Martin Anyang Luka (Accd. 5), Janness Odero Andela (Accd. 6) and Richard Odanga Orundu (Accd. 7). It appears from the record that during the trial, William Otieno Jaoko (Accd. 1) and Paul Okeyo Opiyo (Accd. 2) died. The remaining five are now the appellants before the Court. The trial Judge also died after hearing the case for the prosecution a…

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