STEPHEN KIPKEROR CHEBOI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Stephen Kipkeror Cheboi , was found guilty and convicted by the High Court (Mango, J) at Nairobi upon an information which charged him with murdering Elizabeth Komen on 7th October, 1988, at the Customs Quarters in Langata contrary to Section 203 of the Penal Code as read with Section 204 of the said Code and was duly sentenced to death. The two assessors returned a verdict of guilty. The third assessor was excused from attending at some stage in the trial.

On the night of 7th October, 1988, at about 8.00 p.m. the appellant and Elizabeth Komen (hereinafter referred to as "the deceased") who was his wife arrived at the appellant's Customs Quarters house in Langata. They carried with them some luggage. Both entered the appellant's bedroom in the said house and after what appeared to be some argument between them, the appellant killed the deceased. The fact that the appellant killed the deceased is not in dispute.

The facts leading to the fatality can be…