JUDGMENT OF THE COURT
BICHURU NGORI ONDIEKI, the appellant herein, was charged that on 31 January 1991 at Nyangusu Sub-location, Bassi Bogetaerie, Borabu Location in Kisii District of the Nyanza Province, murdered JAPHETH OSIEMO ANUNDA. He was tried before the superior court (Mbaluto, J.) and by a judgment given on 15 July 1994 he was convicted as charged and sentenced to death.
He now appeals to this Court against his conviction. The main thrust of the appeal lay in the contention that the learned trial judge erred in law in failing to find that the appellant was insane at the time the offence was committed. Reliance was placed in support of that contention on the evidence of witnesses who testified that the appellant was sick and used to talk to himself.
On 31 January 1991 the deceased and his two colleagues had spent the day splitting timber. As they were going home in the evening they followed a footpath which goes through the house of the appellant and consistent with prior warning …