JUDGMENT OF THE COURT
1. The appellants, Francis Juma Odour and John Nyongesa Oduor, were 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 26th June 2008, at Monda village, Kingadole sub location, Malachi Central Location in the then Busia District they jointly murdered James Omoto Olula. They were tried before the High Court at Busia and convicted in a judgment delivered on 8th August 2013. Francis Juma Odour was sentenced to serve a prison term of 50 years while John Nyongesa Oduor was sentenced to serve a prison term of 40 years. They have appealed to this Court against the convictions and the sentences. In essence, they complain that the prosecution did not prove its case to the required standard.
2. This being a first appeal, our task is to re-evaluate the evidence on record and to draw our own conclusions bearing in mind that we have neither heard nor seen the witnesses testify. [See …