NOLEGA SIMIYU & BENJAMIN KIBET LANGAT V. REPUBLIC

JUDGMENT OF THE COURT

The two appellants NOLEGA SIMIYU and BENJAMIN KIBET LANGAT were arraigned before the superior court on an information which charged them with murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on the 16^th day of January, 2003 at Makutano Township in West Pokot District within the Rift Valley Province the two jointly murdered DAVID WABWOBA. Each appellant pleaded not guilty to the charge and their trial commenced on 27^th January, 2005 before Karanja J., who sat with three assessors (as the law provided then).

The summary of the evidence adduced before the superior court was as follows.

Everlyn Nafula Watila (PW1), Margaret Nasua Muchunju (PW2) and Nolega Simiyu (the 1^st appellant) were living in the same house at Makutano when on 16^th January, 2003 the deceased DAVID WABWOBA, who was a boyfriend of the 1^st appellant paid them a visit. According to Everlyn and Margaret the deceased and 1^st appellant coul…