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Simion Magak Oselu v. Republic

(2004) JELR 96769 (CA)

Court of Appeal  •  Criminal Appeal 206 of 2004  •  3 Dec 2004  •  Kenya

Coram
Philip Kiptoo Tunoi, Philip Nyamu Waki, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

SIMION MAGAK OSELU, the appellant, was on 27th August, 2002, convicted of murder contrary to section 203 as read with section 204 of the Penal Code and was thereafter sentenced to death. According to the Information filed by the Attorney General, the appellant murdered Mary Akinyi Okuru, the deceased, on 19th December, 1999, at South Kanyaluo, Kamenya sub-location in Rachuonyo district of the Nyanza Province.

The prosecution presented the following facts to the trial court. The deceased who was the wife of the appellant was also the niece to Dina Opudo (PW 2), the wife of Joash Koyo (PW 1). On 15th December, 1999, the deceased arrived at the couple’s home and found PW 2 there. A few hours afterwards, the appellant followed and informed PW 1 that his wife had run away from him. PW 1 called the deceased and questioned her in the presence of the appellant whether she was the wife of the appellant and why she had deserted him. The deceased stated that it was true she w…

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