JUDGMENT
The appellant, Albernus Michael Kamande, was charged with the offence of murder contrary to section 203 and 204 of the Penal Code. The particulars of the charge were that on 15th December, 2010 at Olekasasi – B village in Kajiado North District, he murdered Samson Musembi Musyoka, the deceased. The appellant pleaded not guilty to the charge.
The trial judge convicted and sentenced him death as by law prescribed after finding that the offence was proved to the required standard. The appellant was aggrieved by that decision and has appealed to this Court on the grounds set out in the amended memorandum which, in summary, are that: the High Court failed to consider that the case against the appellant was not proved beyond reasonable doubt; in relying on the evidence of the prosecution witnesses which was not credible and was contradictory; in failing to consider the appellant’s defence; in failing to find that no malice aforethought was established; in failing to find that he was …