SAMSON OTIENO ODOYO V. REPUBLIC

JUDGMENT OF THE COURT

The High Court at Kisii was on 3^rd June, 2010 informed that the appellant, Samson Otieno Odoyo had murdered Tom Mbuya Mayiecha, hereinafter “the deceased” on 9^th May, 2010 at South Kanyajuok Sub-location in Rongo District within Nyanza province. When called upon to plead to the information the appellant denied his involvement in the death of the deceased and accordingly stood trial. On 5^th February, 2013 and before the commencement of the hearing of the case, it was transferred to the newly set up High Court at Homa Bay for hearing and determination. The prosecution called a total of seven (7) witnesses to prove its case against the appellant

The prosecution case in a nutshell was that on 9^th October, 2010 at about 6.00p.m, the deceased, his wife Margaret Akello Omollo (PW1) and their son, Felice Odhiambo Omollo, (PW2) went to the house of the appellant whom they suspected to have stolen their 151⁄2 litres of illicit brew, namely, changaa. The appellant was a nephe…