Customer Support

ROGENI MARATA & 6 OTHERS
V.
REPUBLIC

(1997) JELR 93806 (CA)

Court of Appeal 17 Dec 1997 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:crim app 67 of 97
Judges:Akilano Molade Akiwumi, Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha
Location:Kisumu
Other Citations:Rogeni Marata & 6 others v. Republic [1997]eKLR

JUDGMENT OF THE COURT

On 25th November, 1997, we allowed the appeal against the conviction of murder of, and sentence of death passed on, the appellants. We now give our reasons for doing so.

The appellants were tried for the offence of having murdered one Kenyanya Machuki, the deceased, on 15th October, 1993. According to the record of appeal prepared by the criminal registry of the Kisii High Court, an information dated 11th October, 1994, only charged four of the appellants namely, Rogeni Marata Kinaro, Otondi Kinaro, Keegu Keegu and Kefa Onyango, with the offence of murder. But the record of proceedings shows that only three of the appellants namely, David Moimbo Onyango, Amos Nyengeresi and Onsare Marata, were on 17th May, 1994, charged with the murder in the High Court to which they all pleaded not guilty. It was not till seven months later that the four appellants already named, and who had also been charged with the same offence of murder, had their case consolidated with that o…

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.