JUDGMENT OF THE COURT
[1] The appellant was convicted by the High Court (Kimondo, J.) of the offence of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death.
The charge alleged that on the night of 31st May, 2014, the appellant murdered Timothy Kibet Kipkemoi, (deceased).
[2] The appellant was a primary school teacher aged about 56 years at the time of the alleged offence.
The deceased who was aged about 30 years was his son. The appellant was living on his land with his wife Elizabeth. The deceased and his wife of three (3) months, Gladys Chepkosgei, Gladys (PW2), were living on the appellant’s land and their house was about 200 metres from the house of the appellant. The deceased and his wife used to milk the appellant’s cows and would take meals in the house of the appellant.
[3] On 31st May, 2014, at 7 p.m., Hilary Kipkemboi Kipkoech, (Hilary), a secondary school teacher was at Kaptabut shopping centre when he received a call from the appella…