HENRY KIRUI CHIRCHIR V. REPUBLIC

JUDGMENT OF THE COURT

By an information dated 8^th May 2008, Henry Kirui Chirchir, the appellant, was arraigned before the High Court sitting at Kericho charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, the particulars thereof being:

“On the 20^th day of April 2008 at Chebitet Village Kaplelartet sub-location in Kericho District within Rift Valley Province murdered CHARLES KIPKOECH KIRUI.”

A post mortem report produced at the trial shows that externally the deceased who was the son of the appellant did not have any visible serious injuries. All the doctor noted were two small scratch marks, one at the left loin and another on the right upper thigh. In the head, however, the doctor noted:

“scalp haematanci on the right parietal pantenci part and right temporal bones. Large comminuted fractures (1) on the right parietal bone autencily and another on the right temperal bone. Subdural haematoma as well bleeding into the brain substance benea…