MOSES OCHIENG OKEYO V. REPUBLIC

JUDGMENT OF THE COURT

On 28^th July, 2010, the High Court at Kisii was informed that Moses Ochieng Okeyo “the appellant” had murdered his father, Alex Okeyo Obar, on 17^th July, 2010 at Nyamanga village, Kasgunga sub-location, Gembe West location, Mbita district, contrary to section 203 as read with section 204 of the Penal Code. When arraigned in court he pleaded not guilty to the information and soon thereafter his trial ensued.

The prosecution called a total of 7 witnesses to prove its case against the appellant. In brief the prosecution case was that on the morning of 17^th July, 2010, the deceased went to bath in Lake Victoria and was accompanied by two children DO (PW4) and KOO (PW7). The latter was the deceased’s grandson. As they returned from bathing, the two saw the appellant emerge from the bushes armed with an iron rod. He asked the deceased to tell him what he had done to him and before the deceased could answer, he hit him with the iron rod and the deceased fell down and died…