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P K C & F K B v. Republic

(2016) JELR 95080 (CA)

Court of Appeal  •  Criminal Appeal 257 of 2010  •  14 Apr 2016  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

By this appeal, P K C (P) and F K B (F), (the appellants) challenge their conviction and sentence by the High Court at Kericho (Ang'awa J.) by which they were convicted of the offence of murder contrary to Section 203 as read with 204 of the Penal Code. They were sentenced to life imprisonment instead of to death as prescribed in the Code, because according to the Judge, they "were minors at time of the offence".

The particulars of the offence as stated in the information by the Attorney General on behalf of the Republic are that on the 1st Day of January, 2009 at Kyongong Village of Bomet District of Rift Valley Province, the duo murdered BERNARD KIMUTAI BETT (deceased). According to the prosecution, the deceased met his death at the hands of the appellants in the afternoon of New Year's day when a chang'aa-drinking session at the house of ROSE CHEPKIRUI MARITIM (PW1) suddenly turned nasty leading to a quarrel, a confrontation, an altercation and a death. Accordin…

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