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Wycliffe Opuru Oyakapel v. Republic

(2017) JELR 92810 (CA)

Court of Appeal  •  Criminal Appeal 118 of 2016  •  20 Jul 2017  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellant, Wycliffe Opuru Okapel, was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that, on the 6th September 2013 at Kakemar sub location in Chamasir location Teso North district within the Busia County, he murdered Ruth Imachidang Imoo (the deceased).

On 5th September 2013, at about 6.00pm Margaret Imoo, PW3 (Margaret) found the appellant assaulting the deceased on the road leading to her house. The appellant was holding the deceased’s hand, and kicking her. Margaret, the appellant’s aunt tried to intervene, and pleaded with the appellant to leave the deceased, but the appellant became hostile towards her, and threatened to shoot her. Margaret ran to Miriam Imo Tata’s PW 2 (Miriam), home, and informed her of what was happening, and the two returned to the scene to find the deceased in critical condition. Miriam immediately telephoned her husband, Richard Imo Masai, PW1 (Richard).

Ear…

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