MERCY CHEMUTAI V. REPUBLIC

JUDGMENT OF THE COURT

Mary Ang’awa, J tried and convicted the appellant, Mercy Chemutai on an Information that had charged the appellant with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the Information were that on the 15^th October, 2008 at Kyogong Village in Bomet District of the then Rift Valley Province, the appellant murdered Geoffrey Kipkirui, hereinafter the deceased. Upon convicting the appellant the learned Judge duly sentenced her to death, but before doing so, the Judge had called for a probation report on the appellant. She received the report which recommended that the appellant be placed on probation. But for some unexplained reason, the learned Judge simply rejected or ignored the probation report and sentenced the appellant to death.

The Court has just dealt with two appeals from the same Judge which she heard and determined while she was presiding over the High Court at Kericho. Those cases in whi…