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WINNY CHEPNGENO KORIR V. REPUBLIC

(2009) JELR 92821 (CA)

Court of Appeal  •  Criminal Appeal 29 of 2005  •  6 Mar 2009  •  Kenya

Coram
Philip Kiptoo Tunoi, Philip Nyamu Waki, John Walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

In an information dated 3rd day of September, 2002, the Court was informed by the Attorney General that the appellant Winny Chepngeno Korir was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code in that on the 30th day of January, 2002 at Yaganiek sub-location in Buret District of the Rift Valley Province, she murdered Fancy Chepkurui. She pleaded not guilty to the charge but after full trial with the aide of three assessors, the superior court found her guilty as charged, convicted her and sentenced her to suffer death as by law established. This was, despite the opinion of two assessors that she was guilty of manslaughter. One assessor had an opinion that she was guilty of the charge of murder. The appellant was not satisfied with that conviction and sentence and hence this appeal before us based on four grounds of appeal filed by the appellant herself all of which are mainly that she acted as a result of circum…

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