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Erick Cheruiyot Bii v. Republic

(2012) JELR 102386 (CA)

Court of Appeal  •  Criminal Appeal 71 of 2010  •  23 Feb 2012  •  Kenya

Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Joseph Gregory Nyamu



Erick Cheruiyot Bii, the appellant, was presented to the High Court at Kericho with an information charging him with the offence of murder contrary to section 203 as read with section 204 respectively of the Penal Code, particulars being that:-

“On the 3rd day of April, 2005 at Kipchimchim Village in Kericho District, within Rift Valley Province, murdered Betty Chepkoech.”

He was tried with the aid of assessors by Musinga, J. who, at the conclusion of the trial found the appellant guilty of murder as charged, convicted him, and later sentenced him to death. The appellant’s conviction was wholly based on circumstantial evidence.

Betty Chepkoech, the deceased, was as at the date of the offence aged about 3 years, and was the daughter of Beatrice Chepkurui (PW1). The prosecution case was that on 3rd April, 2005 at 5:30 p.m., PW1 left the deceased at her residence at Kipchimchim, playing with other children, and went to fetch water from a nearby river. She returned but f…

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