JACOB KOSKEI ALIAS CHEMUTUT V. REPUBLIC

JUDGMENT OF THE COURT

Jackob Kosgei Kayab, alias Chemutut, the appellant herein, was tried before Wanjiru Karanja, J on a charge of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the information were that on the 17^th April, 2004 at Sekuti Village in Trans-Nzoia District within Rift Valley Province, the appellant, jointly with another person not before the court, murdered William Serem Chebii, hereinafter “the deceased”. After hearing a total of ten witnesses brought by the prosecution and the appellant’s defence made by way of an unsworn statement, the learned Judge found the appellant guilty as charged and sentenced him to death. The appellant now appeals to this Court against the conviction and sentence.

We are aware that as a first appellate court the appellant is entitled to expect of us a fresh re-evaluation and re-assessment of the entire evidence which was brought against him by the prosecution and his own unsworn statement…