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NANCY SOILA PARSIMEI V. REPUBLIC

(2018) JELR 98612 (CA)

Court of Appeal  •  Criminal Appeal 223 of 2014  •  18 Oct 2018  •  Kenya

Coram
Sankale ole Kantai, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. The appellant, Nancy Soila Parmisei, was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on 1st October 2011 at Enosupukia village in Narok North District within Narok County, she murdered Mary Wanjiku Chege. She was tried before Wendoh, J at the High Court at Nakuru and convicted in a judgment delivered on 1st October 2014 and sentenced to death. She has appealed to this Court against the conviction and sentence.

Background

2. The prosecution called five witnesses. The first witness was Peter Ntaiya ole Nchoko (PW1) a businessman and a farmer based in Enosupukia in Narok. He began his testimony by stating that on 15th September 2011, he was at home at Enosupukia in Narok and that there was a fight between the appellant and the deceased and that he did not know the cause of the fight. He went on to say that on 30th September 2011 he received a call from the deceased (t…

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