JUDGMENT
The appellant Willy Nzioka Nyumu was convicted of murder on October 16, 1980 of Nicholas Odanga Oyada. He was sentenced to death. Upon post-mortem examination the deceased was found to have several cut wounds over his forehead. His frontal skull was bruised. There was blood all over the brain. The cause of death was brain haemorrhage due to bruised skull due to injuries consistent with having been caused with a sharp instrument. The medical evidence was unable to tell whether the cut wounds were caused by one or more than one sharp instrument.
The appellant and a co-accused named Boniface Muteti Kioko were arraigned together at the trial. Kioko pleaded guilty to the reduced offence of manslaughter. He was convicted and sentenced to seven years’ imprisonment by Chesoni J (as he then was). The appellant’s trial proceeded full length on the original charge of murder against him beforeBrar J. The particulars of offence were that Kioko and the appellant on October 16, 1980 at Liatin…