PATRICK ASATSA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Patrick Asatsa, was convicted of murder by the High Court (L. Kimaru, J.) in a Judgment dated 16th July, 2012 delivered by S. Chitembwe J, on 31st January, 2013. He was sentenced to serve Twenty (20) years imprisonment.

The particulars of the offence were that on the 13th day of October, 2008 at Shibuli village, Shibuli sub location, Central Kakamega District (now Kakamega County) within former Western Province, the appellant murdered Jesca Asatsa.

The case against the appellant was mainly based on the evidence of two witnesses, James Odera Asatsa (PWl) (Odera) and Steven Shivia (PW2) (Shivia). Odera is a son of the deceased and so is, the appellant. Shivia is the deceased's grandchild as he is the son of her daughter. He is therefore a nephew of both Odera and the appellant. The two witnesses stated, before the trial court, that on 13th October, 2008 in the early morning at about 6.00 a.m. or 7.00 a.m, the deceased woke up and asked Shivia to take he…