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James Kipkemoi Ngetich v. Republic

(2011) JELR 105185 (CA)

Court of Appeal  •  Criminal Appeal 75 of 2006  •  11 Sep 2011  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Joseph Gregory Nyamu



In the High Court the appellant was charged with the murder of his wife Alice Cherono Ngetich on 21st July, 2003. The factual background according to the evidence presented by the prosecution is that the appellant and his deceased wife were living in a house on their own and that they had a long history of domestic quarrels. At 8.30 pm in the evening of the material day, three neighbours of the appellant namely, Philip Langat PW1, Jane Cheruto PW2 and Sally Chebet Mabwai, PW3 heard screams of a woman they recognized as the voice of the deceased. The deceased was heard by all the three as saying “you are killing me, you are killing me”, but two of them clearly heard the deceased, as having also screamed that the appellant was killing her and that she did mention the appellant’s name before the screams stopped. The deceased was found dead the following day in the matrimonial home.

When the police visited the scene of the crime they broke into the house and found a bl…

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