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(1994) JELR 104948 (CA)

Court of Appeal  •  Criminal Appeal 98 of 1991  •  30 Sep 1994  •  Kenya

Johnson Evan Gicheru, Philip Kiptoo Tunoi, Mathew Guy Muli



The appellant was charged and convicted of the offence of murder of his own father on 4th December, 1989 contrary to section 203 as read with section 204 of the Penal Code. He was sentenced to the only lawful sentence to suffer death in accordance with the law. He appealed to this Court against both the conviction and the sentence imposed by the superior court (B K Tanui J) sitting at Nakuru.

The facts are not seriously in dispute. The deceased, Kenduiywa Arap Maluluchi, lived with his five (5) sons on an undivided piece of land at Olesoi village in the Kericho district. Members of the deceased family cultivated that parcel of land in common. There was no evidence to show whether each of the five sons, the deceased and other members of his family had been given specific portions by the deceased who owned the entire parcel of the land. Be that as it may, the deceased confronted one of his sons, the appellant, and told him that he intended to lease a portion of his land to a Mr T…

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