Ogunde v Republic (Criminal Appeal 30 of 2020) [2023] KECA 724 (KLR) (9 June 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 724
- Citation
- [2023] KECA 724 (KLR)
- Decided
- 9 June 2023
The appeal is dismissed as the conviction and sentence are upheld. The claim of provocation is dismissed, and the sentence of 20 years imprisonment is upheld.
Facts
The deceased, Agnes Mwikali Mutua, was murdered at Buruburu Phase V Estate on June 8-9, 2015. The appellant, Paul Odhiambo Ogunde, was charged with murder. The prosecution called 10 witnesses, including Nicholas Odati, who testified that the deceased visited him on June 8, 2015, and was last seen alive on June 9, 2015. The appellant's house help, Caroline Mweni Musembi, testified that the appellant was seen preparing to leave on June 8, 2015, and returned on June 9, 2015, with the deceased. Police found the deceased dead with an iron box cable around her neck.
Issues
- Whether the appellant's claim of provocation was valid
- Whether the trial court erred in considering the appellant's statement as a confession
Reasoning
The court found that the appellant's claim of provocation was not valid due to the lack of evidence of provocation. The court also dismissed the claim that the trial court relied on the appellant's statement as a confession.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Penal Code
- Supreme Court Act
Cases cited (3)
- Peter King'ori Mwangi & 2 others v Republic
- Cpus v Republic
- Francis Karioko Muruatetu &Another vs Republic
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