JOHANA KIPLANGAT MATWEK V. REPUBLIC

JUDGMENT OF THE COURT

Johana Kiplangat Matwek, the appellant was arraigned in the superior court at Nakuru with three counts of murder contrary to section 203 as read with section 204 of the Penal Code. In count I he was charged that on the 13^th day of March, 2001 at Esinoni area in Narok District within Rift Valley Province he murdered Miriam Chebet Matwek. In counts II and III he was similarly charged that on the same date and place he murdered Pilato Kibet Matwek and Norah Kipkirui Osiemo respectively. He denied the charges.

The facts giving rise to the charges against the appellant were that the appellant was the husband of Peninah Kemunto (PW1) and father of Miriam Chebet and Pilato Kibet, the deceased. On 13^th March, 2001, PW1 was sleeping at the family house at 1.00 a.m. The appellant came home that night, drunk and he was carrying a 5 litre jerican of busaa, an “illicit drink”. When PW1 opened for, welcomed the appellant home and gave him food, he only ate a little of it and t…