SIMON KIPTUM ARAP CHOGE & 3 OTHERS V. REPUBLIC
(1984) JELR 96851 (CA)
Court of Appeal
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Criminal Appeal 69 of 1984
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29 Jun 1984
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Kenya
Coram
James Onyiego Nyarangi, Harold Grant Platt, Alan Robin Winston Hancox
Judgement
<p class="ql-align-center"><strong><u>JUDGMENT</u></strong></p><p class="ql-align-justify">On the morning of March 30, 1982 the deceased Michael Kiptanui Tenai, who had two farms in the district, left Murkuywo Farm, near Moi’s Bridge in the Kitale area, driving his red Mazda pick-up KUC 475. After giving instructions to his driver, Francis Okumu, he made various calls during the day and was seen by witnesses in Kitale, Matunda and Moi’s Bridge. He returned to Moi’s Bridge at about 7 pm, made two calls there and left at about 8 pm in the Mazda driving along the Cherangani Road to his home. This vehicle was one of four oncoming vehicles seen by the ploughing contractor, Solomon Kipyator Seuree, near the Moi Ben Bridge as he was on his way home from Karara to Kilimo Farm at about 8.15 pm that evening.</p><p class="ql-align-justify">The red Mazda was next seen in the ditch alongside the Cherangani Road by Michael Bett Siror and his passenger Julius Mutai as they passed shortly afterwards. At first they decided to stop their car, but then thought better of it. Julius Mutai saw two men leaning on the re…</p>