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George Kimeli v. Republic

(1996) JELR 104864 (CA)

Court of Appeal  •  Criminal Appeal 4 of 1995  •  1 Mar 1996  •  Kenya

Johnson Evan Gicheru, Philip Kiptoo Tunoi



The appellant was convicted of the murder of Police Constable Abraham Wekesa Toywa, hereinafter called the deceased, by the High Court of Kenya at Eldoret (Lady Justice Nambuye) and was on 21st October, 1994 sentenced to suffer death in the manner authorized by law. In convicting the appellant, the learned trial judge inter alia relied on the evidence of the deceased's wife, Elizabeth Wekesa (P. W. 1), which evidence we too have found no cause to doubt. The learned trial judge also relied on the evidence of Dr. Brenda Makokha (P. W. 5) who conducted the post-mortem examination on the body of the deceased on 30th March, 1992 and concluded that the deceased's possible cause of death was severe anaemia and endotoxic shock following arrow poisoning together with dehydration.

According to P. W. 1, the deceased was on 9th February, 1992 at about 3.00 p. m. shot with an arrow on the abdomen by the appellant during a tribal clash at Murgus in the Uasin Gishu District of th…

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