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Stephen Kipkemoi Rotich v. Republic

(2019) JELR 95269 (CA)

Court of Appeal  •  Criminal Appeal 60 of 2017  •  28 Jun 2019  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



1. This is an appeal against judgment of the High Court at Eldoret, (Ngenya-Macharia, J.) in which Stephen Kipkemoi (the appellant) was convicted for the offence of murder contrary to section 203 as read with section 204 of the Penal Code The appellant had been charged that on the 1st day of November 2009 at a village within Nandi North District of the Rift Valley Province he murdered Mary Chelimo Rotich.

2. In his memorandum of appeal dated 2nd December 2014, the appellant has raised five grounds of appeal that we reproduce herein verbatim as follows:

“(i) That the trial judge erred in law by convicting me without observing that I was angered with the relationship between Pw2 and the deceased and that the elements of malice aforethought and intention was not proved beyond reasonable doubt.

(ii) That the trial judge erred in law by directing herself that I had malice to cause death or grievous harm without considering that we picked a quarrel with PW2, while the dece…

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