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SILAS KAIMAGOL CHEPKWONY V. REPUBLIC

(2000) JELR 93265 (CA)

Court of Appeal  •  Criminal Appeal 88 of 1993  •  8 Dec 2000  •  Kenya

Coram
Johnson Evan Gicheru, Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire

Judgement

JUDGMENT OF THE COURT

SILAS KAIMAGOL CHEPKWONY, hereinafter called the appellant, was on 30th July, 1993, convicted by Khamoni, J on three counts of murder contrary to Section 203 as read with Section 204 of the Penal Code and consequent upon those convictions, the appellant was sentenced to suffer death. He had been tried by the learned Judge, with the aid of assessors, on an information the particulars of which stated that on the 15th day of January, 1992, at Kenyatta National Hospital within the Nairobi Area he murdered three Administration Police Officers, namely, Emmanuel Kochulemu, Josephat Orwonyi and Lawrence Kamotho. We shall hereinafter refer to them as the deceased.

The appellant, also an Administration Police Officer based at Uhuru Camp in Nairobi, together with the three deceased officers were on the evening of the material day among a group of officers assigned to guard various places in Nairobi. The appellant with Constable Gichovi had been particularly designated to guarโ€ฆ

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