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Millicent Atieno Otieno v. Republic

(2019) JELR 99070 (CA)

Court of Appeal  •  Criminal Appeal 8 of 2016  •  21 Nov 2019  •  Kenya

Coram
Hannah Magondi Okwengu, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This is a first appeal from the conviction and sentence of the appellant, Millicent Atieno Otieno, who was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code at the High Court of Kenya, Migori. Particulars in the Information were that on 10th October, 2014 at Osaka estate in Migory County she murdered Millicent Akinyi. Being a first appeal, and as has been established in a long line of cases from this Court such as the case or OKENO v. REPUBLIC [1972] E.A. 32 it is our duty to re-evaluate the evidence and draw our own conclusions from that evidence. We are not bound to follow the findings of the trial court but we must remember that the trial court has had the advantage of hearing and seeing witnesses and observing their demeanour.

The appellant was the wife of a man called Bernard Otieno.

In the early morning of 10th October, 2014 Millicent Akinyi (the deceased) reported to her place of work where she used to prepa…

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