SAMWEL KIPSANG ARAP RONO V. REPUBLIC

JUDGMENT OF THE COURT

In his final address at the trial of the appellant in the superior court, Mr. Mitey who represented him in that court had this to say:

"I urge the court to believe the accused's story. The death of the deceased was caused by the cut of the panga over which they struggled. The accused did not possess the necessary mens rea to cause the death of the deceased."

The appellant's unsworn statement at his trial where relevant was as follows:

"The deceased came to where I was with a panga. When she arrived she asked me why I refused to permit her to sell the land. She came near me intending to hit me with a panga. I got hold of it and we struggled over it. We fell down and she was cut by the panga at the neck. There was no dispute between us and she did not live with us and she had gone away. I cared for her children and we lived happily. She wanted to sell the land when she came and I had refused and the Chief had agreed with me. It was me who had taken care of it. It was o…