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Paul Otieno Ndonga v. Republic

(2019) JELR 94189 (CA)

Court of Appeal  •  Criminal Appeal 107 of 2015  •  31 Oct 2019  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage



On 9thJuly, 2013 the High Court at Homa Bay was informed thatthe appellant, Paul Otieno Ndonga had murderedDoris Kusa Diang’a, “deceased” on 7thJuly, 2013 at Kasewe ‘B’ Sub-location in Rachuonyo South District, contrary toSection 203as read with Section204of thePenal Code. The appellant when called to plead to the information denied the same and soon thereafter his trial ensued.

The prosecution’s case in brief was that on 7th July, 2013 at about 12.30pm the appellant, the deceased and their child were pillion passengers on a motor cycle being driven by Samson Onyango Ouma when a quarrel broke out between the appellant and deceased. As they quarreled they all fell off the motorcycle. However, this did not stop the two from quarreling. In the process the appellant removed a knife and fatally stabbed the deceased, who died on the spot.

In a bid to sustain this narrative, the prosecution lined up a total of seven witnesses. In brief they testified as follows; on 7th Jul…

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