NGORIANYANG KINYANG V. REPUBLIC

JUDGMENT OF THE COURT

The appellant Ngorinyang Kinyang was jointly charged with one William Pkemoi Kamolo (co-accused) before the High Court at Kitale with murder contrary to section 203 as read with section 204 of the Penal Code. They were alleged to have murdered one Michael Priot Kamolo during the night of 15^th and 16^th July, 1998 at Kangilikwan village, West Pokot District. After the trial with the aid of assessors, the superior court (Wanjiru Karanja, J.) recorded a finding of not guilty under section 306 (1) of the Penal Code in respect of the appellant’s co - accused. The superior court however convicted the appellant and sentenced him to suffer death.

The deceased was a relative of Teresa Chebet Terer (PW2), (Teresa) and was at the material time living in her kitchen. He was working as casual labourer in the neighbourhood. He was living in the kitchen with one Jacob Loitareng Cherekeng Kemoi (Jacob) (PW3) who was employed by Teresa as a herdsboy. The appellant comes from Kolowo …