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Joseph Cheruiyot Chepkwony v. Republic

(2011) JELR 100736 (CA)

Court of Appeal  •  Criminal Appeal 42 of 2006  •  21 Apr 2011  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellant herein, Joseph Cheruiyot Chepkwony, was, after trial, convicted of the offence of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death.

According to the information filed by the Republic the appellant murdered Mike Kipruto Kemboi (the deceased) on the 2nd January, 2001 at Talanet Village in Kericho.

The prosecution presented the following facts before the superior court. On the evening of 1st January, 2001 David Kipkurui Cheruiyot (PW 2) (David) hosted a new year’s party at his home in Talanet Vilage, where several friends and neighbours had been invited. The event started at 6.00 pm, with tea and busaa, a local brew, being served. At about 10.00 pm, while the party was in progress, the appellant arrived, uninvited. He was already drunk, and began quarreling with, and abusing, guests. In particular, he started a quarrel with the sisters of another guest, Kennedy Cheruiyot Kemboi (PW 1) (Kennedy). On seeing th…

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