BYRON ROBERT OTIENO
V.
REPUBLIC

JUDGMENT OF THE COURT

This is an appeal against the judgment of Lesiit, J, dated 4^th June, 2015. A brief background will give context to this appeal.

Byron Robert Otieno, (the appellant herein) was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars on the Information were that on 9^th May, 2013 at Kariobangi North, Kasarani District within Nairobi County, he murdered Dennis Njenga Wambui (the deceased).

The appellant denied the charge and in a trial conducted by Lesit, J, the prosecution called a total of six (6) witnesses. In his defence, the appellant made a sworn statement of defence and had no witness to call. Consequently, in a judgment delivered on 4^th June, 2015, Lesiit, J, found the appellant guilty of the offence charged and sentenced him to death as by law provided.

Dissatisfied with the conviction and sentence of the trial court, the appellant filed an appeal to this Court. In a Memorandum of Appeal dated 2^nd Fe…