VINCENT CHEMJOR & PETER KIPROP CHEMJOR V. REPUBLIC

JUDGMENT OF THE COURT

[1] The two appellants who are brothers, were convicted by the High Court (Ngenye-Macharia, J) of three counts of murder contrary to section 203 as read with section 204 of the Penal Code and each sentenced to death. They now appeal against the conviction and sentence.

[2.1] The prosecution case against the appellants was briefly as follows. On 23^rd November 2007 at about 7.00 p.m. Mica Chelimo (PW6) was at his Agrovet shop at Kesisit Trading Centre. He was in the company of several other people, among them, Joseph Kipkemei Chelenge (PW10); (Chelenge), Joseph Kipkenei (PW11) (Kipkenei) and James Chebet (PW13) (Chebet), Zephaniah Kipkulei (PW1) (Zephania) was outside the Agrovet shop. Stanley Toroitich (PW5) (Toroitich), the Chief of Saimo Location went to the trading centre. He met the 1^st appellant (Vincent), who asked the chief why he wanted him arrested. The chief had reported the appellant to police over a matter and was being sought by the police. The chief to…