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Richard Oginga Okwany & Patrick Alisi Okwany v. Republic

(2005) JELR 93860 (CA)

Court of Appeal  •  Criminal Appeal 238 of 2003  •  24 Jun 2005  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellants Richard Oginga Okwany and Patrick Alisi Okwany were jointly convicted of murder by the High Court of Kenya at Kisumu (Tanui J) on 6th June, 2003 and sentenced to death. According to the information filed by the Attorney General, the appellants on the 11th day of October, 2001 at Ngunya Sub-location in Siaya District of the Nyanza Province of Kenya jointly murdered William Obonyo Opondo, the deceased. It is clear from the evidence on record that a land boundary dispute was the cause of the quarrel which culminated in the death of the deceased. Opondo Okwany, one of

the three accused persons, who died in custody before trial, was a cousin to the appellants. His land abutted on that of the deceased and it appears that the boundary between their respective pieces of land was unsettled. Veronica Adaya (PW6) is the wife of Alloys Wanjir (PW5) the Assistant Chief of Ngunya Sub-location in Central Ugenya, Siaya District. PW6 testified that she was at home in…

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