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Benjamin Kosgei Kipkeu v. Republic

(2019) JELR 105564 (CA)

Court of Appeal  •  Criminal Appeal 73 of 2018  •  17 Oct 2019  •  Kenya

Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia, James Otieno Odek



The appellant was charged with the offence of manslaughter contrary to Section 202 as read together with Section 205 of the Penal Code. The particulars of the offence were that on 16th April, 2009 at Kamogo village in Kaitamoi Sub-location of Embolot Location, Marakwet District within Rift Valley Province, the appellant unlawfully killed Evans Kimaiyo Kipkeu.

Initially the appellant had been arraigned before the High Court at Eldoret on an information charging him with murder contrary to Section 203 as read together with Section 204 of the Penal Code. The appellant denied the information and the case proceeded to trial. However after Isaac Kosgei Kirotich, (PW1) and Kipkorir Bethwell, (PW2) had testified and pursuant to a plea bargain agreement between the appellant and the respondent, the information was reduced to one of manslaughter.

The appellant pleaded guilty to the charge of manslaughter. The facts led by the prosecution with regard to the offence were that o…

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