Osoro & 2 others v Republic (Criminal Appeal 5 of 2019) [2025] KECA 544 (KLR) (21 March 2025) (Judgment)

Facts

Osoro, Gedion, and Ondabu were accused of murdering Evans Okerosi Mokora on January 1, 2018, in Nyakenga village, Kisii County. Six witnesses testified for the prosecution, including the deceased's father, a postmortem examiner, and an investigating officer.

Issues

1. whether the prosecution proved the case beyond reasonable doubt
2. whether the learned judge erred in convicting the appellants for an offence committed by a mob
3. whether the learned judge erred in convicting the third appellant for an offence he never took part in
4. whether the learned judge did not subject the entire evidence to exhaustive evaluation

Reasoning

The court found that the prosecution's evidence was sufficient to prove the case, and the appellants had malice aforethought. The court also found that the learned judge did not err in convicting the appellants for an offence committed by a mob and that the third appellant was not convicted for an offence he never took part in. The court dismissed the appeal as there was no miscarriage of justice.

Outcome

Appeal dismissed

Authorities cited