JUDGMENT OF THE COURT
The appellant BENARD KINOTI M’ARACHI (herein appellant) was tried and convicted by the superior court (Sitati, J) of the offence of murder contrary to section 203 as read with section 204 of the Penal Code, and sentenced to death.
The particulars of the offence alleged that on the 20th day of September, 2003 at Kiruai village in Chugu sub-location within Meru Central District of the Eastern Province, he murdered one PACRASS MUTUA MBUGI. The trial was with the aid of assessors, as the law required then. Several prosecution witnesses gave evidence. The appellant gave an unworn statement in defence and denied the offence of murder, but the learned Judge of the superior court found that he was guilty of the offence charged when she said:-
“In the result, I find the accused guilty of the offence of murder and convict him accordingly. It is so ordered”
She subsequently sentenced him to death.
The appellant was aggrieved by the superior court’s finding, and filed the present…