ZADOCK OTIENO NYAMHORE V. REPUBLIC

JUDGMENT OF THE COURT

BACKGROUND

1. Zadock Otieno Nyamhore (the 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 offence were that on 8^th day of February 2009, at East Yimbo location, Bondo District within the then Nyanza Province, the appellant murdered Prisca Ogollah Nyamhore (the deceased).

2. At the trial, the prosecution called eight (8) witnesses. In a nutshell, the prosecution case was that Macrine Akinyi (Macrine) was a granddaughter to the deceased and she lived with her grandmother. The appellant, who was the deceased’s son, had been living with the deceased since February 2009; he would eat in the main house and then sleep in the boys’ simba (house). On 8^th April 2009, Macrine and the deceased were at home sleeping when the appellant came to their home and called out to the deceased to open the door as he headed to drink water. The deceased refused to open the door. The appellant kept c…