PETER NYANYEMI OMWENGA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was convicted by the High Court at Kisii for the offence of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death. He now appeals against conviction and sentence on four grounds.

The prosecution case against the appellant alleged that the appellant murdered Peter Mose Orangi on 21^st November, 2004. The prosecution called six witnesses to support the prosecution case, namely James Gekonge Ondora (PW1) (James Gekonge) who claimed to have seen the appellant stab the deceased, with a knife, Jackson Murauni (PW2), a clinical Officer who examined the appellant and found him to be mentally stable, James Barongo Omwando (PW3) (Barongo) who went to the scene after the deceased was stabbed. Dr. Odigo Stephen (PW4) who produced the postmortem report prepared by Dr. Ogando, P.C. Thomas Kioko (PW5) then stationed at Kisii police station to whom the report was made (investigation officer), and, Vincent Gwaro Orangi (PW6) a…