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Sitata Choi Keronche & Francis Chweya v. Republic

(1997) JELR 93837 (CA)

Court of Appeal  •  crim app 68 of 97  •  17 Dec 1997  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

The appellants have come to this court on first appeal challenging the propriety of their respective convictions for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code respectively and the sentences which eventually were meted out to them.

The background facts of the case are simple. At about 8 a.m on 16th May 1993, at a village called Botabori in South Mugirango Location of Kisii District, a horn was blown summoning all villagers to the home of one Obaigwa. Yunuke Kemunto Keronche (the deceased), like many other villagers, responded and went to Obaigwa's homestead and so did her son Julius Obare Keronche (pw1) and his paternal grandmother Sabina Kerubo Chweya (PW3). It is in evidence that the villagers were called there because Obaigwa's daughter, Jane, had been suddenly taken ill and as a result had become physically disabled and dumb. It was believed her sickness was as a result of witchcraft.

The villagers were therefore cal…

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