RAYMOND KIPTOO ROTICH V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Raymond Kiptoo Rotich, was on 20^th November, 1999, a police constable driver with Kenya Police. Inspector Joseph Muguna (PW 11) said in evidence that at the relevant time, the appellant was attached to Pangani Flying Squad but based at Tigoni Flying Squad where he was housed while his work station was Pangani. In an information dated 20^th July, 2000, the Attorney General informed the Court that the appellant was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of that offence were that on 20^th day of November, 1999 at Kenchic along Tigoni - Karuri road in Kiambu District of the Central Province, he murdered David Kamau Gakere. He pleaded not guilty and the case first started before the superior court (Ombija, J) but after hearing two witnesses, the learned Judge disqualified himself from hearing the case and the hearing started afresh before another judge, (Rawal, J) who after ful…