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Josephat Kipngetich Kirui v. Republic

(2011) JELR 100565 (CA)

Court of Appeal  •  Criminal Appeal 184 of 2008  •  21 Feb 2011  •  Kenya

Philip Kiptoo Tunoi, Erastus Mwaniki Githinji, Joseph Gregory Nyamu



In the superior court the appellant Josphat Kipngetich Kirui, was charged with unlawful killing of one Jackline Chepkorir Siele on 25th April, 2007 at Cheptuech village in Cheptuech Location of Molo District in the Rift Valley Province.

The plea was taken on 25th October, 2007 and the superior court (Kimaru, J.) entered a plea of not guilty. However on 6th March 2008 the prosecution substituted the earlier charge of murder with the lesser charge of manslaughter. Upon being asked to plead to the substituted charge the appellant pleaded guilty.

The background facts were that the appellant visited his relatives who included the deceased Jackline Chepkorir Siele. On 25th April 2007 at 7.00 p.m. the deceased and the appellant’s daughter Cynthia were preparing a meal at the home of Kimeto, when the accused entered the house and ordered the deceased and Cynthia to switch off the radio. The deceased protested saying that she wanted to listen to news. In reaction to the prot…

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