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Mark Limo Chesire v. Republic

(2019) JELR 99281 (CA)

Court of Appeal  •  Criminal Appeal 66 of 2018  •  6 Jun 2019  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek



MARK LIMO CHESIRE, “the appellant” was charged in the High Court at Eldoret, with two counts of murder contrary to section 203 as read with section 204 of the Penal Code.

The particulars in the information in respect of the 1st count were that on 30th January, 2006 at Kapcherebet Sub-Location in Baringo District within Rift Valley Province, the appellant murdered Tereki Chepkonga, hereinafter “1st deceased”. In the second count, it was alleged that the appellant on the 31st January, 2006 in the same Sub-location, District and Province, murdered Esther Kabon Chebungei, hereinafter “2nd deceased”. The charges were initially preferred by separate informations which were subsequently consolidated and heard as one. The appellant denied both counts and his trial soon thereafter ensued in earnest. In a bid to prove its case against the appellant, the prosecution lined up a total of 9 witnesses. Their testimonies were in brief as follows:

PW1, Chepchirchir Chelimo, on 30th

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