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Rashid Siyoi Chesholei & Emmanuel Chebaskwony Chepsikor v. Republic

(2019) JELR 94895 (CA)

Court of Appeal  •  Criminal Appeal 58 of 2017  •  7 Mar 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] The two appellants were convicted by the High Court sitting at Bungoma for the offence of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death. They now appeal against the conviction and sentence.

[2] The particulars alleged in part that on the nights of 5th and 6th December, 2008 at Grandma Hotel, Konduyi, the two appellants jointly with others not before the court murdered Peter Naibei Chebaskwony (deceased).

[2.1] The prosecution case was briefly as follows:

The deceased was the son of Chebaskwony who died in 2008. The 1st appellant lived in a farm in Sabot near Kitale town which was near the farm where the deceased was living. The 2nd appellant is a step-brother of the deceased and lived in a farm in Saboti.

On Friday, 5th December, 2008 at about 9 pm, two young men went to Grandma Hotel Kanduyi Bungoma and found Kennedy Zacharia Adala (Kennedy) (PW2) a supervisor at the reception. They told Kennedy that they worked …

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