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Thomas Kiprop Koech v. Republic

(2018) JELR 94810 (CA)

Court of Appeal  •  Criminal Appeal 19 of 2015  •  31 May 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal against the judgment of the High Court (Ngenye-Macharia J.) whereby the High Court convicted the appellant for the offence of murder and sentenced him to death.

[2] The appellant was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.

The particulars of the offence alleged that on the night of 26th and 27th, June, 2007, the appellant murdered A K K (deceased). Before the plea was taken, the appellant was assigned a counsel by the court. The plea was eventually taken on 16th August, 2007 when the appellant pleaded not guilty.

[3] (i) At the trial, the prosecution called nine witnesses namely: Richard Kipyengo Saina, Joseph Matui, Daniel Kiptupbut Ng’etich, Barnabas Kiptoo Singoei, William Kiplimo Kemboi, Julius, Kipkorir Bartun, Dr. Lisbanga Bill, Cpl. Victor Kipkemoi and Sgt. Harrison Wesonga.

In summary the prosecution case was as follows:

The appellant who is the father of the deceased was livin…

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