PETER OKOTH ORIANGO V. REPUBLIC

JUDGMENT OF THE COURT

A group of friends who either came from or worked in Awendo decided to party the night of 9^th - 10^th November, 2005. They were Moses Okonyo Ooro (PW1 - Okonyo), Chrispin Wanjira Orondo, (PW2 - Orondo), Romanus Odino Nyadura (PW3 - Odino), Moses Ogonya Ooro (PW4 - Ogonya), Maurice Nyanjwa Muga (PW5 - Muga), Onango Nyamisi (“the deceased”) and 3 ladies who were not called as witnesses but who included one called Kwamboka. Their partying ended tragically when the deceased was stabbed to death. They had, before that tragedy, visited at least two bars in the hours between 7 p.m. and about 2 a.m. and had consumed alcohol in both places. Those are the events that led to the charge of murder that faced the appellant, Peter Okoth Oriango who was charged at the High Court of Kenya at Kisii with murder contrary to Section 203 as read with Section 204 of the Penal Code particulars being that on the 10^th of November 2005 at Awendo market within the then Migori District he murd…