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Joseph Kipkorir Sang v. Republic

(2012) JELR 100677 (CA)

Court of Appeal  •  Criminal Appeal 148 of 2009  •  23 Feb 2012  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram

Judgement

JUDGMENT OF THE COURT

The High Court (Mary Ang\'awa, J) tried and convicted Joseph Kipkoech Sang, the appellant herein, on an Information that had charged him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the Information filed by the Hon. the Attorney-General on behalf of the Republic had been that on the 6th day of July, 2008 at Nyapire Village, Seretut Location of Kericho District, Rift Valley Province, the appellant murdered Edna Chepkoech Sang, hereinafter “the deceased”.

The deceased was the wife of the appellant. In her judgment the learned Judge described the appellant as “an elderly male.” The appellant, the deceased and the appellant’s sister-in-law Ann Sang (PW1) lived in one area. Ann had two sons, Hillary Koech (PW3) and Peter Koech (PW2). According to Ann and her two sons, on the 6th July, 2008, the appellant came to her with her two sons. The appellant told the three that he had killed somebody; he did not spec…

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