JEREMIAH RUTTO ASIWATUM & ISAAC KIPKEMBOI RUTTO V. REPUBLIC

JUDGEMENT OF THE COURT

Rengesiwa Tuwotum (hereinafter referred to as "the deceased") left his home in Chesigol Village in West Pokot District of Kenya on 27^th October, 1991 (a Sunday) to go to the Market to sell beans. He did not return until 29^th October, 1991 and when he returned he allegedly informed his wife Christina Arengony that he had been imprisoned at Chesigol Administration Police Camp on account of some problem he had with a lady (PW 2) who had raised an alarm saying that she was beaten up by him.

On 29^th October, 1991 the deceased was released to go and get some food for himself as there was none at the camp. On 30^th October, 1991 the deceased left his home to return to the camp with some maize and cash. He was not thereafter seen alive by Christina.

For the purposes of this appeal it is not necessary to go into the arrest of the deceased, save that after his problem with the lady, Cheponyorio Lorekow (PW 2) an attempt was made to reconcile PW 2 and the deceased. The decease…