After nearly 15 years behind bars, Erick Ochieng Abang walked out of prison a free man on May 30, 2025, following a landmark ruling by the Court of Appeal in Kisumu. The court quashed both his murder conviction and death sentence, citing a fatal flaw in his trial that breached his legal rights.
Abang was convicted in 2016 for the alleged murder of Johannes Odawo Okwany, a herdsman in Agoro West, Nyakach District, Nyanza, in May 2010. His trial began under Justice Ali Aroni, who heard testimonies from eight prosecution witnesses. However, on February 26, 2013, Justice H.K. Chemitei took over the case but failed to inform Abang of his right under Section 200(3) of the Criminal Procedure Code to request a rehearing of those witnesses.
A three-judge bench comprising Justices Hellen Omondi, Luka Kimaru, and Weldon Korir found this omission to be a significant breach of Abang’s rights and declared the entire High Court trial a nullity.
During the trial, the prosecution relied on the testimonies of ten witnesses. Key among them was Lazarus Omollo, the deceased’s employer, who testified that Okwany told him he had been beaten by Abang for grazing cattle on land belonging to Abang’s grandmother. Another witness, a neighbour and Abang’s uncle, said he saw the accused whip Okwany before intervening. A third witness recalled Okwany staggering into his compound, complaining of pain and naming Abang as his attacker.
Despite the serious allegations, a post-mortem at Jaramogi Oginga Odinga Hospital revealed no visible external injuries but found internal trauma, including a fractured lung lining and a head haematoma, concluding the cause of death was head injury due to assault.
Abang, who was arrested days later in Nandi Hills, consistently denied involvement and claimed he was arrested without explanation.
The court’s decision underscores the importance of strict adherence to legal procedures, particularly where life and liberty are at stake. Abang’s long ordeal ends not with a retrial, but with recognition of a grave judicial error that cost him 15 years of freedom.
