NORMAN KEPHA ORACHA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant NORMAN KEPHA ORACHA was tried and convicted by the Senior Principal Magistrate at Kisumu on four counts of robbery with violence contrary to Section 296(2) of the Penal Code in connection with a robbery that occurred on 11th March 2008 at Neighbours Pub in Kisumu City. Various items were stolen from the four victims of the robbery in which one of them, Dr, John Opondo Onyango, was shot dead. The appellant was said to be in the company of others not before the court and armed with dangerous weapons namely pistols, pangas and rungus. The appellant was duly sentenced to death on all counts but with the last three being held in abeyance.

The appellant was not satisfied and filed an appeal at the High Court at Kisumu. His appeal was heard in full and the learned Judges of the High Court (J. R. Karanja and A. Aroni JJ.) dismissed it in entirety in a judgment delivered on 8th June 2010 thus provoking this appeal.

The appellant's grievance are captured in the …