judy.legal
Login Register

Peter Nyabuto Omambia v. Republic

(1996) JELR 93909 (CA)

Court of Appeal  •  crim app 86 of 96  •  22 Nov 1996  •  Kenya

Coram
Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

The appellant appeals to this Court against his conviction by the superior court (Mbaluto, J.) following a judgment delivered on April 21, 1995. He was jointly charged with two others (who were acquitted) with the murder of Ogenche Omambia on August 4, 1992 at Bogisiankio Village in Kisii District of Nyanza Province contrary to section 203 as read with section 204 of the Penal Code.

It is not in dispute that on August 4, 1992 when the deceased came out of his house the appellant stabbed him on the neck with the panga he had apparently killing him instantly and the panga was seen to have blood stains. The prosecution called ten witnesses in support of the charge and the appellant made an unsworn statement and called no witnesses. He said that the main prosecution witnesses had not told the truth.

The learned trial judge considered with great care the evidence for the prosecution and the denial of his involvement by the appellant, and came to the conclusion that the e…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login