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(2008) JELR 92894 (CA)

Court of Appeal  •  Criminal Appeal 98 of 2006  •  11 Apr 2008  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya



The appellant herein, WILLIAM MAYWA KELAN, was originally charged with murder contrary to section 203 as read with section 204 of the Penal Code; the particulars of the offence being that on the 2nd day of March, 2002 at Kamelei village in Marakwet District of the Rift Valley Province he murdered EVERLINE CHEMURUNGU WILLIAM. The appellant pleaded not guilty to the charge and his trial commenced on 23rd March, 2004 before Gacheche J. who sat with three assessors (as the law then provided). After a full trial the appellant was on 2nd February 2006 convicted on a lesser offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code and sentenced to eight (8) years imprisonment.

Being aggrieved by that conviction and sentence, the appellant now comes to us by way of first appeal asking us to release him on the ground that he was not involved in the commission of the offence.

When this appeal came up for hearing on 7th April, 2008, the appella…

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