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OMAR HUSSEIN BAYA v. REPUBLIC

(2009) JELR 93947 (CA)

Court of Appeal  •  Criminal Appeal 180 of 2008  •  24 Jul 2009  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

In an information dated 26th October, 2005 and filed in the court on the same date, the appellant Omar Hussein Baya was arraigned in the superior court with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that:

“On the 1st day of October, 2005 at Watamu village within Malindi District of the Coast Province murdered Esther Syongu Malonza”.

He pleaded not guilty to the charge but after full trial with the aid of assessors, the superior court (Ouko J.) found him guilty of the offence, convicted him and sentenced him to suffer death in accordance with the law. We add here that each assessor returned the opinion that the appellant was guilty of the offence of murder.

The deceased Esther Syongu Malonza was the daughter of Sarah Muya Malonza (PW1) of Mwingi. At the relevant time, she was living at Langata House, Watamu village. Evelyn Etenasi Meja (PW2), Tabitha Jilani Munyoki (PW3) and Rosemary K…

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