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NICHOLAS OKOTH OUMA
V.
REPUBLIC

(2022) JELR 113658 (CA)

Court of Appeal 25 Mar 2022 Kenya
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Case Details

Suit Number:Criminal Appeal 128 of 2016
Judges:PO Kiage, JA M Ngugi,JA F Tuiyott, JA
Location:Kisumu

JUDGMENT

  1. The appellant, Nicholas Okoth Ouma, was charged, tried and convicted of 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 the 19th of September 2013 at Homa Village, Samba Sub-Location, Suba District within Homa Bay County he murdered Peter Otieno Ogur. He was sentenced to death as provided under section 204 of the Penal Code.

  2. Dissatisfied with both his conviction and sentence, he has preferred the present appeal in which he raises four grounds of appeal. He argues, first, that the trial court erred; in failing to find that the circumstantial evidence was not strong enough to support a conviction; by convicting him based on insufficient evidence; by failing to appreciate that the ‘admission’(sic) by the deceased was not corroborated hence was insufficient to support a conviction; and finally, that the trial court erred by imposing the mandatory death sentence, which was arbitrary and unconstitut…

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