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JACOB OWAKA OMOLLO
V.
REPUBLIC

(2022) JELR 113636 (CA)

Court of Appeal 11 Mar 2022 Kenya
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Case Details

Suit Number:Criminal Appeal 96 of 2018
Judges:PO Kiage, JA M Ngugi, JA F Tuiyott, JA
Location:Kisumu

JUDGMENT

  1. On 24th June, 2015 at about 10.00a.m. a group of three brothers from Kogocho South Location of Nyando Sub-County in Kisumu drove their cattle in search of pasture. They grazed their herd towards Nyakach but their excursion turned tragic when, at 4.00p.m., they were confronted by a group of about ten armed people who first viciously attacked the animals, slashing them, before turning on the brothers. Two of the brothers John Odhiambo (PW2) and David Owili (PW3) ran for dear life.

  2. The third, Paul Okoth, was not so fortunate. He tried to run but he was not fast enough as he had a disability. He fell and was set upon with a club. His two brothers could only watch from a distance and returned to him only when the attackers left him lying on the ground, for dead. The brothers took their kin to his wife Beneta Anyango Akoth (PW1). She cooked him a meal but on returning to the bedroom she found he had fallen to the floor and had vomited blood. His chest was in pain and he was taken to …

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