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Pascal Kiplimo Kiplagat & Daniel Kipkoech Kipchumba v. Republic

(2018) JELR 94491 (CA)

Court of Appeal  •  Criminal Appeal 86 of 2016  •  8 Nov 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is a second appeal from the judgment of the High Court (Mwilu, J.) which dismissed the appellants’ appeal against conviction and sentence by the Chief Magistrate’s Court in Eldoret for the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code and sentenced to serve a term of imprisonment of twenty years.

[2] The particulars of the offence were that on 20th August, 2008 at Kapindani Village in Uasin Gishu District of the Rift Valley Province, Pascal Kiplimo Kiplagat (the 1st appellant) and Daniel Kipkoech Kipchumba (the 2nd appellant) jointly and unlawfully killed Brian Kipchumba Cheruiyot (the deceased).

[3] The appellants pleaded not guilty to the charge and the matter proceeded to full hearing. During the trial the State called a total of nine witnesses, while the appellants did not call any witnesses. The 1st appellant gave an unsworn statement of defence and the 2nd appellant made a sworn statement of defence.

[4] The…

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