JOSEPH ONGARE ONDULO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, JOSEPH ONGARE ONDULO, was convicted by the superior court (Wambilyangah, J.) of murder contrary to section 204 as read with section 203 of the Penal Code. It is alleged in the information that on 27 December, 1992 in Simur Sublocation of Ukwala Location in Siaya District of Nyanza Province, Kenya, he murdered Eunice Adipo Osela (the deceased). He was in the event sentenced to death. He now appeals to this Court against his conviction.

This was a simple case and the facts insofar as they are material may be briefly stated. The incident occurred during the morning of 27 December, 1992. The main witness to that incident was Mary Atieno Owino (MARY) (PW 2). She testified that it was around 9:00 a.m. or 10:00 a.m. when she and the deceased were sitting outside the house of the deceased and her husband Patrick Osala Ondula (PW 3) when they saw the appellant in an agitated mood return home and entered the nearby house. When he got out of it he had a panga a…