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Stephen Ondieki Ongeto,Richard Asiri Moremo & Joseph Ongoto Ongoto v. Republic

(2016) JELR 95316 (CA)

Court of Appeal  •  Criminal Appeal 100 of 2014  •  12 Feb 2016  •  Kenya

David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



Stephen Ondieki Ongoto, Richard Asiri Moremo and Joseph Ongoto Ongoto Alias Kenyambi, the 1st,2nd and 3rd appellants respectively, were jointly charged with the offence of murder contrary to section 203 as read with section 205 of the Penal Code. The particulars of the offence are that on the 5th March 2008 at Matangi village, Bocharia sub location in Masaba District within the then Nyanza Province with others not before the court, they murdered Ondieki Bureki, ( the deceased ). The appellants denied committing the offence.

The prosecution called 5 witnesses, and it was their case that on the night of 4th and 5th March 2008, the son of the 1st appellant, one John Ondari Ondieki, was abducted by people he claimed were witches. It was further alleged that he was taken to the forest where he was tortured, and forced to drink a concoction mixed with blood. He became unconscious, and only regained consciousness on the morning of 5th March 2008, but that he remained conf…

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