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Samuel Kipngeno Birir v. Republic

(2012) JELR 94442 (CA)

Court of Appeal  •  Criminal Appeal 13 of 2009  •  23 Feb 2012  •  Kenya

Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Joseph Gregory Nyamu



In this matter the trial court was the High Court sitting in Kericho. The appellant Samuel Kipngeno Birir was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.

The particulars of the offence as contained in the charge sheet were that on the 21st day of February, 2008 at Kaptegat Village in the then Bomet District within the Rift Valley Province he murdered Richard Kiprotich Ngeno.

The alleged murder arose from a quarrel between the deceased and the appellant who was the deceased’s father. The deceased wanted to demolish a store and retrieve iron sheets which he intended to use elsewhere but the appellant did not like the idea and a result the deceased abandoned the idea for a short while only to come back later in the company of another person, when he again tried to forcibly remove the iron sheets whereupon the appellant apparently in a fit of anger, cut the deceased on the neck which action resulted in the decea…

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