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JANE CHESIGEI SANG V. REPUBLIC

(2016) JELR 101074 (CA)

Court of Appeal  •  Criminal Appeal 219 of 2011  •  17 Nov 2016  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

By way of an Information dated 7th June, 2007 and filed before the High Court in Nakuru, JANE CHESIGEI SANG (‘the appellant’) was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on the night of 19th and 20th May, 2007 at (sic) unknown time at Ogilgei farm in Nakuru District of the former Rift Valley Province, she murdered COLLINS KIPKOECH SANG (‘the deceased’). She pleaded not guilty to the charge and the prosecution presented 5 witnesses in support of its case before the trial court.

PW 1 PATRICIA CHELAGAT SANG (PATRICIA), a daughter to the appellant and sister to the deceased testified that at about 3.00 pm on the material day she was headed home. She met PW 2 PAUL KIRUI (PAUL) whom she requested for escort. He agreed. Upon arrival, nobody could be seen within the precincts of the main house where Patricia’s family resided, though it was open. The kitchen however was l…

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