MOSES BIWOTT CHIRCHIR V. REPUBLIC

JUDGMENT OF THE COURT

[1] This is an appeal against the judgment of the High Court (Ngenye, J.) convicting the appellant for the offence of murder of Reuben Kipyego (deceased) contrary to section 203 as read with section 204 of the Penal Code and sentencing the appellant to death.

[2] The particulars of the offence were that on 21^st December, 2008 at Kapkutum village, Simit sub location, Muskut location, Soy division in Keiyo District within Rift Valley province, the appellant murdered Reuben Kipyego.

[3] At the trial, the prosecution called eight witnesses. Janet Cherotich (Janet), the Assistant Chief; John Kipkemoi Kiplagat (John), the deceased’s brother; Mike Kibiego (Mike), the deceased’s sister; Sheila Cheruiyot (Sheila), key witness; Teriki Cheruiyot (Teriki); Dr. Benson Macharia (Dr. Macharia), pathologist; Corporal Police Administration CPA Kiplagat Kiptumo (CPA Kiplagat) and PC Gregory Muya (PC Muya), the investigating officer.

[4] The evidence adduced against the appellant in th…