Vincent Chemjor & another v Republic [2019] KECA 517 (KLR)
- Court
- Court of Appeal
- Case number
- 517
- Citation
- [2019] KECA 517 (KLR)
The appeal by the 1st appellant, Vincent Chemjor, is dismissed with the 1st appellant suffering death in the first count and sentences of death in the 2nd and 3rd counts held in abeyance. The appeal by the 2nd appellant, Peter Kiprop Chemjor, is allowed, with the conviction in each of the three counts quashed and sentences set aside.
Facts
On 23rd November 2007, Vincent Chemjor and Peter Kiprop Chemjor allegedly killed three people, Harun Kimotol, Francis Kandie, and Charles Chepkitony, during a fight.
Issues
- Whether the trial court erred in convicting and sentencing the appellants to death
- Whether the trial court erred in not imposing a sentence of death in one count and leaving the sentences in the other two counts in abeyance
- Whether the trial court erred in finding that the crime was most foul and imposing the death penalty
Reasoning
The court found that the trial court erred in imposing the death penalty in all three counts, and that the crime was not most foul as found by the trial court.
Outcome
Appeal allowed in part, conviction and sentence quashed for the 2nd appellant, and death penalty held in abeyance for the 1st appellant.
Orders
- Conviction and sentence of death for the 1st appellant in the first count is dismissed
- Conviction and sentence of death for the 1st appellant in the 2nd and 3rd counts are held in abeyance
- Conviction and sentence for the 2nd appellant in all three counts are quashed
Authorities cited
Cases cited (1)
- Francis Karioko Muruatetu and others v Republic [2017] eKLR
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