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FRANCIS SAISI OMAE
V.
REPUBLIC

(2009) JELR 97541 (CA)

Court of Appeal 3 Jul 2009 Kenya
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Case Details

Suit Number:Criminal Appeal 1 of 2007
Judges:Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram, John walter Onyango Otieno
Location:Eldoret
Other Citations:Francis Saisi Omae v. Republic [2009] eKLR

JUDGMENT OF THE COURT

The appellant, Francis Saisi Omae, was charged with murder contrary to section 203 as read with section 204 of the Penal code in that on 26th July, 1997 at Matisi Estate in Trans Nzoia District within the Rift Valley Province he murdered Eunice Naliaka. The appellant denied the charge and his trial commenced with the aid of assessors before Karanja, J on 14th October, 2004. A total of eight witnesses testified on behalf of the prosecution, while the appellant testified on oath and called two witnesses. In the end, the assessors returned a unanimous opinion of guilt and the learned Judge agreed with them and convicted him of the said offence. He was given the mandatory sentence of death.

Aggrieved by that decision, he appealed to this Court. He was not represented at that time, and filed the following six home-made grounds of appeal dated 22nd March, 2007:

“1. That my Lords’ the High Court Judge erred in both law and facts by holding that the prosecution had proved t…

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