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BENSON LIMANTEES LESIMIR & ANOR
V.
REPUBLIC

(2006) JELR 105741 (CA)

Court of Appeal 29 Sep 2006 Kenya
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Case Details

Suit Number:Criminal Appeal 102 & 103 of 2002
Judges:Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji
Location:Nakuru
Other Citations:Benson Limantees Lesimir & Another v. Republic [2006] eKLR

JUDGMENT OF THE COURT

These two appeals, which we have consolidated for convenient disposal, are from the convictions of murder entered against the appellants by the High Court of Kenya at Nakuru (Rimita J.) on 26th June, 2002.

The two appellants, Benson Limantees Lesimir and Walino Lelesara Arakan, were jointly charged and tried with five others of the murder of Father Luigi Adeni, the deceased, at Archers Post Mission Centre in Samburu District within Rift Valley Province on the night of 14th and 15th September, 1998.

The facts presented by the prosecution before the trial court are brief and may be stated as follows. During the fateful evening the deceased together with Father Otieno (PW3) had held a meeting with the Catholic sisters in charge of the local health centre. The meeting ended at about 10.30 p.m. and the priests retreated to a tree within the mission compound for conversation before going into their respective houses. They had switched off the generator. PW3 then heard app…

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