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Simon Kiprop Lelei v. Republic

(2009) JELR 95293 (CA)

Court of Appeal  •  Criminal Appeal 455 of 2007  •  8 May 2009  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Daniel Kennedy Sultani Aganyanya, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

On 30th October, 2003, Simon Kiprop Lelei, the appellant herein appeared before the superior court at Kisumu (Tanui, J.) where he was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the information were that on 26th day of June, 2003 at about 4.00 p.m. at Miwani Central S/Location in Kisumu District of Nyanza Province he murdered Hellen Cheptok, “the deceased” herein. Prior to the date of plea, the appellant had appeared in court three times without plea being taken because the information had not been prepared. But from the date of his first appearance in court on 20th August, 2003 the appellant was represented by counsel, one Mr. Omolo. The case against him was that on the day of the incident, the deceased, accompanied by Rabecca Chebet (PW2) and Rosa Cherotich Korir (PW3) was from Kerunga market walking home through some sugarcane plantation when she met the appellant. Though PW…

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