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Rasto Muyela v. Republic

(2013) JELR 96659 (CA)

Court of Appeal  •  Criminal Appeal 71 of 2010  •  7 Jun 2013  •  Kenya

Coram
John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

The genesis of the entire saga giving rise to this second appeal goes back to the 8th day of March, 2004 at 2.00 a.m. On that day the complainant in the first count James Ondego Oyoko (PW1) (Ondego), then a teacher at Kayato Primary School, Esiandumba Sub-location of South West Bunyore in Western Province, was asleep at his house at Kamokowa village. His children were also asleep in the same house. His wife had gone to a funeral and so was not around. He heard a bang on the door. Before he could respond effectively, he saw torches in his bedroom. He sensed danger and screamed for help but all was too late. The invaders reached him and he was hit with a panga. He held one of the invaders and they fell down in his bedroom. Three of the invaders were in the bedroom and they beat him up mercilessly. They cut him on the head, cut his right fingers and as he felt he would die, he stopped raising alarm. They asked for money and when he said he had none, they beat him eveā€¦

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