KISUMU: On August 13, 2009 Peter Ombae’s was livid after he received news that his sister had been assaulted by a close relative while on her way to their home at Masaba, Nyamira County.
Two days later he confronted the alleged assailant, Vincent Abdalla - who happened to be his uncle and the duo became embroiled in nasty exchanges that saw Abdalla leave in a huff warning they were not done.
That evening, Abdalla procured a Somali sword and went to hide in a bush adjacent to a path which Ombae used regularly. As fate would have it, Ombae chose to use the same path - accompanied by Charles Otuke, a relative - and as they got near Abdalla’s hideout, he emerged and stabbed Ombae in the abdomen and chest before fleeing.
Otuki shouted for help and together with relatives and neighbours they rushed Ombae to Keumbu Health Centre but were referred to then Kisii District Hospital. But Ombae’s next of kin had no money at the time forcing them to take him there the next day.
Unfortunately, Ombae passed away the following morning while Abdalla surrendered himself at Keumbu police post where the murder weapon was confiscated. He was arraigned before the High Court at Kisii where he pleaded not guilty to murder charges.
Prosecution called a total of six witnesses and after a full trial, Abdalla was found guilty, convicted and sentenced to death.
Aggrieved, Abdalla sought redress at the Court of Appeal at Kisumu arguing that the trial court failed to analyse and evaluate all the evidence.
In particular, he faulted the High Court for wrongly convicting him on the evidence of a single identifying witness and yet the alleged attack occurred at night and in a bushy area.
The prosecution, however, maintained that the High Court rightly depended on the single identifying witness because the conditions for identifying and recognising Abdalla were favorable.
“The possibility that the witness could have mistaken him for someone else is clearly remote. In fact, the witness was even able to tell the kind of clothing the accused wore on the material day,” the High Court had noted in its judgment.
On October 9 this year, Appellate judges Daniel Musinga, Agnes Murgor and Stephen Kairu, concurred with the High Court’s conclusion.
“When considered in its totality, the evidence clearly placed the appellant at the scene of the attack. We find no reason to interfere with the High Court’s finding and order that the appeal be and is hereby dismissed”.
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