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Case Brief · caselaw.co.ke
High CourtPartially Allowed· [2019] KEHC 2346 (KLR)
Republic v Richard Onyango Otito, Jones Makota, Fredrick Hosea & Rose Akinyi
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·~2 min to read original · ~4 min briefThe bottom line
#To prove you helped a criminal escape, the prosecution must show a specific action, not just similar statements.
What this practically means
#Executive summary
#In this first-instance criminal trial before the High Court at Siaya, Richard Onyango Otito (Accused 1) was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code, arising from the death of Erick Ouma Odongo on 6th February 2017 in Anyiko Sub-Location, Gem Sub-County, Siaya County. Jones Makota, Fredrick Hosea and Rose Akinyi (Accused 2, 3 and 4) were charged as accessories after the fact to murder contrary to Section 222 of the Penal Code, on allegations that they assisted Accused 1 to escape punishment. The State called fourteen witnesses, but only the evidence of PW2 Jamestone Okato and PW13 IP Francis Wambua, the investigating officer, touched on the 2nd, 3rd and 4th Accused. The court, T. W. Cherere J, found that the three had been charged only because the statements they recorded during interrogation were similar. Adopting the Black's Law Dictionary definition of an accessory after the fact, the court held that no evidence demonstrated that they received, relieved, comforted or assisted anyone, and in particular Accused 1, to enable him to escape punishment. Accordingly, the court found the 2nd, 3rd and 4th Accused not guilty and ordered that they be set at liberty unless otherwise lawfully held. The judgment as provided does not record the outcome for Accused 1 on the murder charge.
Key legal issues
#01
Whether the 2nd, 3rd and 4th Accused were accessories after the fact to murder under Section 222 of the Penal Code
Holding
They were found not guilty because no evidence showed they received, relieved, comforted or assisted the 1st Accused to escape punishment.
Reasoning
The court reviewed the evidence of PW2 Jamestone Okato and PW13 IP Francis Wambua, the only witnesses touching on the three accused, and found they were charged merely because their interrogation statements were similar. Applying the Black's Law Dictionary definition of accessory after the fact, the court concluded no assisting act was proved.
p. 1
Legal principles established
#- An accessory after the fact must be shown to have received, relieved, comforted or assisted the felon to enable escape from punishment; similarity of interrogation statements alone does not establish the offence.
Court orders
#- 1.The 2nd, 3rd and 4th Accused persons found NOT GUILTY of being accessories after the fact to murder contrary to Section 222 of the Penal Code
- 2.The 2nd, 3rd and 4th Accused persons to be set at liberty unless otherwise lawfully held
- Jurisdiction invoked
- Original criminal jurisdiction over murder contrary to Section 203 as read with Section 204 of the Penal Code
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Richard Onyango Otito, Jones Makota, Fredrick Hosea & Rose Akinyi", Case Analysis (2019). . Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.