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MOSES OTIENO ODHIAMBO & ANOR
V.
REPUBLIC

(2008) JELR 97627 (CA)

Court of Appeal 28 Nov 2008 Kenya
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Case Details

Suit Number:Criminal Appeal 3 of 2007
Judges:Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Erastus Mwaniki Githinji
Location:Kisumu
Other Citations:Moses Otieno Odhiambo & another v. Republic [2008] eKLR

JUDGMENT OF THE COURT

Moses Otieno Odhiambo (1st appellant) and Michael Ogutu Asumba, the 2nd appellant were charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, the particulars contained in the information being that on 12th day of June, 2003 at Jengo Village, Elukong’o Sub-location in Busia District within Western Province, the two of them jointly with others not before the court murdered Elias Ndiawa Omoche, hereinafter “the deceased”.

The record before us shows the following:-

On 12th September 2003, the appellants appeared before a Deputy Registrar at Busia and it seems that they were remanded in custody to 7th October, 2003 when they would appear before a judge for their plea to be taken. On the latter date, they appeared before Mitey, J. (as he then was) and pleaded not guilty to the charge. They were to eventually appear before Sergon, J. on 4th February, 2004, when two assessors, namely James Bedi Owaki and Jane Njoki Ngugi, were…

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