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Simon Obara Obure & another v. Republic

(1997) JELR 96783 (CA)

Court of Appeal  •  Criminal Appeal 9 of 1996  •  13 Mar 1997  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

Simon Obara Obure and Joseph Mobegi Obure (the appellant) are brothers. They were charged with murder contrary to section 203 as read with section 204 of the Penal Code, in that on the night of 15.9.1994 at Misesi sub-location in Kisii District in Nyanza Province, jointly with others not before the court, murdered Orenge Otieno (hereinafter called “the deceased”). They were convicted and sentenced to death. They now appeal against their conviction and sentence.

The appellants’ petition of appeal contains seven grounds but the participant ones are that the trial judge erred in law and in fact in finding that the prosecution established common intention against the appellants; that the trial judge erred in both law and fact in finding that the appellants actually participated in beating the deceased; that the learned judge misdirected himself as to the cause of death and the weapons which caused the fatal injury to the deceased; that the learned judge erred in law an…

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