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(1997) JELR 92996 (CA)

Court of Appeal  •  Criminal Appeal 21 of 1996  •  20 Feb 1997  •  Kenya

Gurbachan Singh Pall, Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha



William Cheruiyot Kandie (the appellant) was arraigned before the High Court at Nakuru on a charge of murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged that on 29 December, 1993 at Lower Solai Farm Maji Tamu Location, Solai in Nakuru District he murdered Richard Kigen (the deceased). At the end of a trial before Lady Justice S. C. Ondeyo the appellant was found guilty, convicted of murder and sentenced to death. It is against his conviction and sentence that he now appeals to this court.

The prosecution’s case was that it all started on 25 December, 1993 at 9.00 a.m. when Joseph Kipsiele Kigen (P.W.1) was having a small Christmas party at his house. The appellant came to the house of P.W.1 and asked him to lend him his (P.W.1’s) music compact cassette. P.W.1 refused to lend it to him as he said he was using it. P.W. 1 had three guests whom he was entertaining when the appellant came to ask for the cassette. They were Geoffrey…

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