Ruling against 2 men convicted of PEV offences to be delivered
25 September 2012, 14:16
Ruling against two men convicted for post-election offences will be delivered on October this year after their counsel made his submissions before three appellate judges in Nakuru today.
Lawyer Kipkoech Ngetich representing Robert Kemboi and Kirkland Langat argued that the two were not fairly convicted owing to discrepancies in the Kericho high court to uphold the principles of circumstantial evidence, procession and possession as well as common intention.
He said that evidence adduced before Justice Mary Ang’awa when she heard their case at the Kericho high court was overlooked adding that there was no sufficient evidence to link the duo with the murder of police constables Peter Githinji and David Odhiambo on 31-12-2007 at Roret in Bureti district.
He said that all the witnesses who testified against Kemboi did not prove that he was actually found or seen with a pistol belonging to one of the late officers nor did the police make efforts to take finger prints to prove their case.
He pointed out that one of the witnesses presented by police stated that he could not actually identify those in a crowd of about 200 people said to have taken part in acts of lawlessness on the fateful day.
While pointing out that Langat was arrested for being in possession of a mobile phone belonging to one of the deceased officers, the counsel said that a report presented by a communication analyst had different number from what had been stated by the investigating officer in his statement.
He said that even if Langat was found with the mobile phone he never stole it but actually bought it from some one else who police failed to arrest.
However deputy director of public prosecutions Ezekiel Omwenga differed with the counsel saying that evidence against the 2nd appellant was water tight.
He however conceded Kemboi’s appeal on grounds that two witnesses quoted that Kemboi had left his place of work in Mosoriot-Nandi County on different dates from when the two officers were murdered.
Appellate judges Martha Koome, Erastus Githinji and Arnashir Visram set the ruling for October 25th 2012.
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