JOHN KIPSESAT CHEPYATOR V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars being that on 17^th day of January, 2007 at about 1.00am at Tinomoi Sub-location, Bekibon Location in Baringo District within Rift Valley Province, he murdered Rebecca Kipsesat. The appellant denied the charge but after a full trial, he was found guilty of the offence, convicted and sentenced to death.

The facts that informed the prosecution case were briefly that on 17^th August, 2007, at about 1:00pm, the appellant went to the office of David Kipyegon Chebiyatoor (PW5), the Assistant Chief of Bekipon location. According to PW5, when the appellant walked into his office he told him that he had cut his wife, Rebecca Kipsesat, “the deceased” on the neck, hands and back. He explained that he had cut the deceased with a panga which he was still in possession of at the time. PW5, then proceeded to the scene of the crime where he found t…