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Moses Kipkorir Too, Charles Kipkoech Korir & Geoffrey Kipkemoi Kemei v. Republic

(2013) JELR 98927 (CA)

Court of Appeal  •  Criminal Appeal 634 of 2010  •  12 Apr 2013  •  Kenya

Coram
Paul Kihara Kariuki, James Otieno Odek, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1.The appellants were charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code and sentenced to death. The particulars of the offence are that on or about 28th July 2002 at Kaplutiet village in Kericho District within the Rift Valley Province, the appellant jointly murdered A.C.B.

2. At the hearing of the appeal, Prosecution Counsel I Ms Nerolyne Idagwa appeared for the respondent while learned counsel Mr Maragia Ogaro represented the 1st and 3rd appellants. The court was informed that the 2nd appellant was deceased and his appeal had abated. The appeal of the 1st and 3rd appellant proceeded to full hearing.

3.The grounds of appeal as stated in the supplementary memorandum of appeal dated 24th January 2013 is that the learned trial judge erred in law and in fact in arriving at an erroneous finding that the appellants had murdered the deceased as a result of realizing that they had raped the deceased. That the trial judge…

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