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Josphat Otieno alias Bush v. Republic

(2020) JELR 100528 (CA)

Court of Appeal  •  Criminal Appeal 20 of 2018  •  24 Apr 2020  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This is an appeal from the conviction and sentence of the appellant (Josphat Otieno alias Bush) rendered on 5th November, 2015, by Lesiit, J. A brief background will give context to the appeal.

The appellant was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars on the information were that on 22nd February, 2012 at Dandora Phase IV estate in Buruburu Division within Nairobi County, the appellant jointly with others not before the court murdered Geoffrey Ochieng. In support of the case, the prosecution called a total of eight (8) witnesses. There was P.W.1, Samson Kidiga Dudu, (Samson), father to the deceased. He told the court that he used to work with East African Industries; that in July, 2009, he was evicted from the house he was living in in Dandora; that he took his household goods to a neighbour called Nyauchi and left them there together with his children Geoffrey Ochieng (the deceased), Cl…

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