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MAURICE OTIENO OGOLA
V.
REPUBLIC

(2007) JELR 97641 (CA)

Court of Appeal 23 Mar 2007 Kenya
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Case Details

Suit Number:Criminal Appeal 240 of 2006
Judges:Samuel Elikana Ondari Bosire, Philip Nyamu Waki, John walter Onyango Otieno
Location:Kisumu
Other Citations:Maurice Otieno Ogola v. Republic [2007] eKLR

JUDGEMENT OF THE COURT

The appellant in this appeal Maurice Otieno Ogola was arraigned before the superior court on an information dated 27th May 2004, in which he was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on 29th April 2004 at Bar Chando sublocation in Bondo District within Nyanza Province, he murdered Linet Auma. He pleaded not guilty to that charge, but after the full trial with the aid of assessors in which eight prosecution witnesses were called and the appellant also gave a statement in his defence, the appellant was found guilty as charged, convicted and sentenced to death as provided under the law.

He felt dissatisfied with that conviction and sentence and has come to this court on appeal. In what he calls Notice of Appeal lodged at the Kisumu Sub-Registry of this court on 28th March 2006 he raises matters that we do not consider relevant. However, later a counsel was assigne…

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