JUDGMENT OF THE COURT
Boniface Gathege Wacheke, the appellant herein was charged with the offence murder contrary to section 203 as read with section 204 of the Penal Code, Chapter 63, Laws of Kenya. The particulars of the offence are that on 29th February 2008 at Mioro village, Gacharageini Sub-location in Muranga North District within Central Province, he murdered Julius Nyamai Mwangela, hereinafter referred to as the deceased. The appellant was tried and convicted of the offence and sentenced to death as by law prescribed. Aggrieved by this decision, he has appealed to this court.
The evidence in support of the Information was given by PW1, Jane Njeri Daniel, the wife of the deceased. She testified that on 29th February 2008 at about 1.00 pm, she was at her home. The appellant who is a neighbour in the plot came and stopped at the door; he was armed with a panga. Using the panga, he hit the door and told her to come out so he could slash her. The reason being that he suspected that s…