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MILTON KABULIT, JAMES KABULIT, FRANCIS KARENGA, DAVID EIPA & KOIKOI ENONI ENONO V. REPUBLIC

(2015) JELR 104539 (CA)

Court of Appeal  •  Criminal Appeal 340 of 2012  •  17 Dec 2015  •  Kenya

Coram
Roselyn Naliaka Nambuye JA Philomena Mbete Mwilu JA Stephen Gatembu Kairu JA

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">1. This is a first appeal arising from the judgment of M. J. Anyara Emukule, J delivered at Nakuru High Court in Criminal case No. 115 of 2008 in which the five appellants namely <em>Milton Kabulit, James Kamais, Francis Karenga, David Eipa and Koikoi Enoni Enono </em>with two others had jointly faced a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the information were that the appellants and the two others on the 7th day of May, 2008 at Lokichogio Township in Turkana North District of the Rift valley Province jointly murdered <em>Silence Chirara </em>hereinafter referred to as the deceased.</p><p class="ql-align-justify"> 2. At the time the murder was committed, there were various United Nations organs, private non-governmental organizations and other service providers operating within <em>Lokichogio Town </em>in what was popularly referred to as the U.N. Camp. (The United Nations Camp with the “host” or Land Lord U.N. body being the United Nations Children Educat…</p>

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