SIMON NCHORE ONYIEGO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant Simon Nchore Onyiengo was arraigned before the High Court at Migori on a charge of murder. He denied the information that on or before the 18^th day of September, 2013 at Nyamnini village, Bukira West Location, Kuria West District within Migori County jointly with others not before the court, he murdered Andrew Chacha.

The trial ensued before Majanja J who, after hearing seven prosecution witnesses and the appellant who gave an unsworn statement, found the offence proved, convicted the appellant and sentenced him to death.

Among the witnesses called by the prosecution was Elizabeth Nyaboke Chacha (PW1) who, by her own testimony and that of other witnesses including her mother, Priscilla Osebi (PW4) and her uncle Peterson Mosoti (PW6), was the appellant’s wife. Indeed, the learned Judge accepted that PW1 was the appellant’s wife and the two had two children.

Aggrieved by his conviction and sentence, the appellant preferred this appeal against both. In a S…