Akala v Republic (Criminal Appeal 50 of 2017) [2024] KECA 1267 (KLR) (20 September 2024) (Judgment)

Facts

The appellant, Thomas Mokaya Akala, was charged with and convicted of murder for the death of Margaret Nyakoboke Mokaya on January 7, 2015. The prosecution presented 9 witnesses, including the deceased's husband and neighbours, who testified to the circumstances of the murder.

Issues

1. Whether the trial court erred in law by failing to analyze and re-evaluate the evidence and finding no eye witness account
2. Whether the trial court erred in law by allowing the appellant's signed confession to stand despite the influence of fear and undue influence
3. Whether the trial court erred in law by failing to observe the appellant's right to a fair trial as enshrined in Article 50 of the Constitution
4. Whether the sentence imposed on the appellant was manifestly harsh and excessive

Reasoning

The court found that the evidence supported the conviction of murder, and the death penalty was not imposed in its mandatory nature. The appellant's severe actions against his employer warranted a severe sentence.

Outcome

Appeal against conviction dismissed, appeal against sentence partially successful

Authorities cited