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Stephen Odhiambo Onyango v. Republic

(2019) JELR 94337 (CA)

Court of Appeal  •  Criminal Appeal 4 of 2016  •  24 Oct 2019  •  Kenya

Coram
Philip Nyamu Waki, Martha Karambu Koome, Roselyn Naliaka Nambuye

Judgement

JUDGMENT OF THE COURT

[1] On the evening of 25th January, 2013 John Keririo, (deceased) was perhaps looking forward to a happy rendezvous when he, in the company of a friend and a relative converged for drinks at Rock Bon Bar in Kehancha Township in Migori County. That was not to be as, by a twist of fate, the night and the drinking spree turned tragic. The deceased was injured after an altercation in the bar, he lost consciousness and on being rushed to hospital, he was pronounced dead.

[2] Following the said death, Stephen Odhiambo Onyango (appellant) was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge were that on the 26th January, 2013 at about 2am, at Kehancha Township in Kuria West within Migori County the appellant murdered John Kerario.

[3] The appellant pleaded not guilty to the charge, and the prosecution called a total of nine (9) witnesses who testified in support of the charge. Upon consider…

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