IN THE COURT OF APPEAL
AT NAKURU
( Coram: Gicheru, Muli and Tunoi JJ A )
CRIMINAL APPEAL NO. 98 OF 1991
BETWEEN
DAVID CHERUIYOT ARAP KENDUIYWA................................APPELLANT
AND
REPUBLIC...............................................................................RESPONDENT
(Appeal from a conviction and sentence of the High Court of Kenya at Kericho (Mr Justice B K Tanui ) dated 21/6/91
in
HCCRC No 9 of 1990)
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JUDGMENT
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 villa…