JUDGMENT OF THE COURT
The appellant, Charles Anunda Inzofu, was on 17th January 2005 charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on 7th December 2004 at Muliro Village Ndalu Location in the then Bungoma District within the then Western Province, he murdered Brian Inzofu. After a trial, the High Court in a judgment delivered on 27th October 2010 found the appellant guilty of murder, convicted him and sentenced him to death.
He has appealed against that conviction and sentence on the grounds that there was no direct or sufficient evidence to support the conviction, and that the prosecution did not establish his guilt to the required standard.
At the hearing of the appeal before us, Mr. David Korir, learned counsel for the appellant, submitted that the trial commenced with assessors; that during the currency of the trial the law was amended and the requirement of assessors was dispensed with;…