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Peter Okee Omukaga & Charles A. Murunga v. Republic

(2011) JELR 95273 (CA)

Court of Appeal  •  Criminal Appeal 274 & 275 of 2009  •  25 Mar 2011  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

On the evening of 14th September, 2003 at about 8.00 pm Oroni Francis Okisa (PW 1) (Francis) was relaxing in his house with his wife, brother, and children when suddenly he heard his son, who had just left them to go out, screaming. He looked out of the window and saw people flashing torch lights, then his door was smashed open, and three people entered the house. They ordered him to keep quiet. One had a rifle, and whip, while the other carried a sword, torch and rungu. He recognized two of the intruders as “George Onyik Odel” and “Peter Oke”, who, he said, were neighbours from the village. He could not recognize the third person. They tore up the curtains, and used them to tie his hands. Then they beat him causing him to bleed all over his body. As they began ransacking the house, he managed to escape to the road, fell down, and lost consciousness. Later, people came over, took him to the sub-chief, and to the police station at Busia, where he reported the matte…

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