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Geoffrey Kiprotich Boen v. Republic

(2011) JELR 105227 (CA)

Court of Appeal  •  Criminal Appeal 144 of 2009  •  9 Jul 2011  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya



Geoffrey Kipkoech Boen, the appellant was on 29th July, 2003 arraigned before the High Court at Kericho with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on the 4th day of August, 2002 at Singoroni Village of Kericho District in Rift Valley Province he murdered Sarah Chepkemoi Tiony, the deceased. It was alleged that on 4th August, 2002, the appellant and the deceased were amongst a group of people who were drinking local brew otherwise known as ‘chang’aa’, at the house of Javan Kiprotich (PW1) and Lily Chebet Too (PW2). They left the house at around 9.00 p.m. Next morning PW1 was informed of a body of somebody lying on a footpath and when he woke up and went to the scene he saw the body which he identified as that of the deceased. He went to report the matter to the area Chief Nelson Bor (PW7). The appellant who was found at the scene was identified as the person who left the ho…

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