JUDGMENT OF THE COURT
ALEX MZEE LANDI, the appellant, was after a trial conducted with the aid of assessors convicted of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death by the High Court of Kenya at Malindi (Ouko J) on 30th May, 2005. This is his first and final appeal.
According to the Information filed by the Attorney General, the appellant on the 8th of March, 2004 at 9.00 p.m. at Mpeketoni Trading Centre, Mpeketoni Location in Lamu District within Coast Province murdered Sammy Muraga Kariuki, the deceased.
The evidence against the appellant which was accepted by the trial Judge consists firstly of a statement by the deceased naming the appellant to his (deceased) father James Kariuki (PW4) and to other witnesses as his assailant; and secondly, the eye witnesses’ account of a brawl and the subsequent stabbing of the deceased.
It was the prosecution’s case that on the fateful evening four teachers went to a local pub known as Rocky Junior…