JUDGMENT OF THE COURT
On 28th February 2014, the High Court of Kenya at Mombasa (Tuiyott, J.), convicted the appellant, Bakari Magangha Juma of the offence of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced him to death. The information that formed the basis of the charge stated that on 4th May 2010 at Kariokor Majengo in Voi Township in present day Taita Taveta County, he murdered Beatrice Mwadima (the deceased).
Aggrieved by the judgment, the appellant has preferred the present first appeal in which he faults the trial court for holding that the offence of murder was proved reasonable doubt; for relying on a dying declaration without caution; for ignoring the defence of intoxication; and for meting out a punitive, harsh and excessive sentence.
The evidence adduced in the High Court was that on the material day, the appellant had spent the better part of the day drinking traditional mnazi brew with friends. In his evidence, he started drinking at …