REUBEN OMBURA MUMA & NELSON OCHIENG MWAGA V. REPUBLIC

JUDGMENT OF THE COURT

[1] Reuben Obura Muma and Nelson Ochieng Mwaga, hereinafter referred to as the 1^st and 2^nd appellants respectively, were tried and convicted by the High Court sitting at Homa-Bay (Majanja J) for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The two appellants together with four others were charged with two counts of the offence of murder it being alleged that they had jointly murdered Kepha Onyango Owuor on the 24^th July, 2013; and Fred alias Jakoti on the 30^th July, 2013.

[2] During the trial, four witnesses testified for the prosecution. These were: Collins Onyango (Collins) and Kennedy Louria Okindo (Kennedy) who were eye witnesses; P. C. Nancy Kosgei who was the Investigations Officer; and Dr. Peter Ogolla, the medical Officer of Health, Rachuonyo South who produced in evidence a Postmortem Examination Report.

[3] The prosecution evidence was that, on the 24^th July, 2013, a group of persons who beat Kepha Onyango Owuor…