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JAMIN OBOTE SAYA V. REPUBLIC

(2010) JELR 97520 (CA)

Court of Appeal  •  Criminal Appeal 44 of 2007  •  16 Apr 2010  •  Kenya

Coram
Philip Kiptoo Tunoi, John walter Onyango Otieno, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

JAMIN OBOTE SAYA, the appellant, was jointly charged with another person not in Court with murder contrary to section 203 as read with section 204 of the Penal Code. The Information filed by the Attorney General alleged that on the 14th of May 2003 at Umoja Estate in Uasin Gishu District of the Rift Valley Province he murdered Linet Nasimiyu, his wife (“the deceased”). However, after a full trial with the aid of assessors the appellant was convicted of manslaughter and sentenced to 10 years imprisonment. The evidence adduced against the appellant in the trial court was as follows. The deceased and the appellant were husband and wife. They lived at Umoja estate within Eldoret Municipality. The deceased worked at Rupa Company, formerly Raymonds Woolen factory while the appellant was a businessman running matatu vehicles within the municipality. He was also a newspaper distributor. On 15th May 2003 co-workers of the deceased at the factory, including Tiberias Wanjala…

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