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Patrick Nyongesa Omuse v. Republic

(2019) JELR 94881 (CA)

Court of Appeal  •  Criminal Appeal 69 of 2017  •  7 Mar 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] Patrick Nyongesa Omuse, the appellant herein, was tried and convicted by the High Court for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged that he had murdered Consolata Kwanye Omuse. His trial initially proceeded before Gikonyo J, who heard the evidence of three witnesses. Thereafter, the matter was taken over by Mabeya J who informed the appellant of his rights under section 200 of the Criminal Procedure Code, and the appellant opted to proceed from where Gikonyo J had reached. Justice Mabeya took the evidence of four witnesses, after which the prosecution closed its case. On 20th November, 2014, a ruling prepared by Mabeya J in which the court ruled that the appellant had a case to answer was delivered by Omondi J.

[2] Thereafter the matter came before Aroni J on 17th March, 2015, and she fixed a hearing date for 20th May, 2015. When the matter came up for hearing, the appellant who was present, was r…

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