THOMAS OKOTH ODEDE V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Thomas Okoth Odede, was charged with murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged that on 1^st November, 1997 at Wangaya Sub-Location in Nyangoma Location within Kisumu District of Nyanza Province he murdered Jared Odhiambo Owuor. On 26^th October, 1998 the appellant was arraigned in the High Court at Kisumu and he pleaded not guilty to that charge. After a full hearing in which the learned Judge (Wambilyanga J.) was assisted by assessors, the appellant was convicted as charged and sentenced to suffer death in accordance with the law. In convicting the appellant the learned Judge stated inter alia:-

“For me I believed the evidence of PW4 (and to some extent as already indicated that of PW1). The evidence of these witnesses totally excluded any aggression and provocation on the part of deceased before he was fatally assaulted. They said that the accused struck the deceased when the deceased was probably eatin…