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Robert Onchiri Ogeto v. Republic

(2004) JELR 93859 (CA)

Court of Appeal  •  Criminal Appeal 1 of 2004  •  26 Mar 2004  •  Kenya

Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji



The appellant was convicted by the superior court of the offence of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death as prescribed by law. He appeals to this Court on nine grounds.

The particulars of the charge stated that the appellant murdered Geoffrey Mogesa Ongere (deceased) on 4th day of August, 2001. The prosecution called seven witnesses at the trial namely, Douglas Nyamwea Onkoba (PW1) (Onkoba), Edwin Omwenga (PW2) (Omwenga), Corporal Rueben Ambani (PW5) (Ambani), IP Samuel Mbata (PW6) (Mbata) and PC Francis Juma Misiko (PW7) (Misiko).

The prosecution case was founded on the evidence of Onkoba and Migiro because it is the evidence of the two witnesses which connected the appellant with the murder of deceased. Onkoba testified that deceased went to his home at 1 pm to help him (Onkoba) to carry cabbages from the shamba to the roadside where Onkoba was to sell them. They worked until 7 pm when they started going …

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