<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">A total of twelve persons were tried before the High Court at Kericho on a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code . The charge against those persons had alleged in its particulars that on the 29th day of August, 1995, at Keben Village in Kericho District of the Rift Valley Province, the twelve of them jointly murdered JANE NGENY (hereinafter the &quot;Deceased&quot;). At the close of the prosecution&#x27;s case, the trial Judge (Rimita, J) found that the Republic had failed to establish a prima case against the first four accused persons who were all women and he acquitted them. At the end of the trial, the 6th to the 11th accused persons were convicted on a lesser charge of common assault under sectio n 250 P.C. and were each sentenced to nine months imprisonment. That left the 5th and 12th accused persons who were and are known as David Rotich (1st appellant) and Kipngeno Tembur (2nd appellant). The two were convicted of the murder …</p>