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RWB
V.
REPUBLIC

(2021) JELR 113576 (CA)

Court of Appeal 17 Dec 2021 Kenya
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Case Details

Suit Number:CRIMINAL APPEAL NO. 57 OF 2017
Judges:PATRICK OMWENGA KIAGE, JA JAMILA MOHAMMED, JA MUMBI NGUGI, JA
Location:Eldoret

JUDGMENT

1.By this appeal the appellant RWB seeks to overturn the judgment of the High Court at Kitale (J. R. Karanja J.) by which he was convicted and sentenced to fifty (50) years imprisonment for the offence of manslaughter, the learned judge having found that the offence of murder as charged against the appellant had not been established and proved by the prosecution. The particulars of the offence were that on the 18th June, 2011 at Perekera farm in Trans Nzoia County, the appellant murdered JC.

2.The prosecution case, as mounted through nine (9) witnesses, was that on the 18th June, 2011 in the evening, the appellant, a herdsboy to the deceased’s family, assaulted and injured the deceased, her mother, Prisca Chelimo (PW8) and their house help, Michelle Chepchumba (PW5) with a panga. PW5 testified that on the material day, while at the home of the deceased’s family at Perekera farm in Trans-Nzoia County, and after picking the pullovers of the deceased and her minor sibling FK (PW3)…

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