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SIMON KOMURKONY
V.
REPUBLIC

(2021) JELR 113484 (CA)

Court of Appeal 17 Dec 2021 Kenya
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Case Details

Suit Number:CRIMINAL APPEAL NO. 137 OF 2018
Judges:P.O. KIAGE, JA JAMILA MOHAMMED, JA MUMBI NGUGI, JA
Location:Eldoret

JUDGMENT

1.The appellant was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on the 10th of May 2016 at Mokoyon village in Pokot South Sub County, within West Pokot County, he murdered Barnabas Limareng’. He was tried before the High Court sitting in Kapenguria, convicted of the offence charged, and sentenced to death.

2.The appellant was dissatisfied with both his conviction and sentence. He filed the notice of appeal dated 17th November, 2017 and an undated Memorandum of Appeal in which he raised four grounds of appeal.However, at the hearing of the matter before us on 6th October, 2021, Learned Counsel for the appellant, Mr. Ogeto, indicated that the appellant would only be relying on the supplementary record of appeal dated 14th October 2020 in which he appeals against his sentence only, his single ground of appeal being that “The learned judge erred in law by sentencing the appellant to …

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