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Joseph Kipkemoi Ngetich v. Republic

(2018) JELR 100678 (CA)

Court of Appeal  •  Criminal Appeal 35 of 2016  •  22 Nov 2018  •  Kenya

Sankale ole Kantai, Fatuma sichale, Stephen Gatembu Kairu



In an information dated 17th November 2005, the appellant was charged with the offence of murder contrary to section 204 of the Penal Code. The particulars of the offence were that on 20th October 2005 at Bisiobei Sub-Location of Kaptebengwet Location in Bureti in the then Bureti District he murdered LUCUS KONGO.

On 8th May 2006, the appellant pleaded not guilty. His trial commenced in earnest on 3rd October 2006 before Koome, J. (as she then was). The prosecution called a total of 9 witnesses. Upon conclusion of the prosecution case, the trial court found the appellant had a case to answer. In his defence, the appellant chose to make an unsworn statement of defence and did not call a witness.

In a judgment delivered on 25th July 2009, the appellant was found guilty of murder and sentenced to death as prescribed by the law then.

The appellant was dissatisfied with the outcome of his trial, hence the appeal before us. In his home made grounds of appeal filed on 28th J…

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