JUDGMENT
The appellants, Frederick Juma Agunga, Raphael Owuor Ouko Alias Apollo and Michael Akal Osongo, were charged together with Dannish Odhiambo Otiango and Kephas Ochieng Aluoch in High Court of Kenya at Homa Bay in High Court Criminal Case No. 25 of 2014 with murder contrary to section 203 as read together with section 204 of the Penal code. The particulars of the charge were that on 17th May 2014 at Ngere Village, West Kanyada in Homa Bay District within Homa Bay County, they murdered Johana Omondi Oguda. The appellants denied the charge and their trial commenced before Majanja, J on 21st April 2014.
At the trial, the prosecution called eight witnesses while the appellants testified on oath and called witnesses. At the conclusion of the trial, the learned Judge delivered judgment on 19th June 2016 convicting the appellants of the offence of murder and imposed the mandatory death sentence. On the other hand, the learned Judge acquitted their two co-Accused.
Aggrieved by the convict…