Customer Support

PASCAL WILLIAM MAKOKHA
V.
REPUBLIC

(2022) JELR 113706 (CA)

Court of Appeal 28 Apr 2022 Kenya
BriefBot icon

BriefBot Summary

Free

- The appellant, Pascal William Makokha, was convicted and sentenced to death for the murders of his brother and nephew, contrary to sections 203 and 204 of the Penal Code, following an incident arising from a family land dispute in Busia C

Case Details

Suit Number:Criminal Appeal 31 of 2019
Judges:PO Kiage, JA M Ngugi, JA F Tuiyott, JA
Location:Kisumu

JUDGMENT

  1. The appellant, Pascal William Makokha, is currently serving a death sentence for the murder of his brother and nephew. The information against him charged him with two counts of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence in count I were that on the 31st day of July 2015 at Seka village, Kisoko sub-location of Busia County, he murdered Fredrick Lehja Ongango Obilo Asiya. At count II, the information against the appellant was that on the same day, place and time, he murdered Geoffrey Obilo Asiya.

  2. The appellant was aggrieved by both his conviction and sentence and he has filed the present appeal in which he raises some 19 grounds of appeal in his Amended Memorandum of Appeal dated 14th April, 2019. In summary, the appellant challenges the decision of the trial court on the grounds that it erred in law and fact in: convicting him on contradictory evidence; relying on the evidence of witnesses who had an interest in the …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.