JUDGMENT OF THE COURT
CHARLES HEHO NDIRANGU, the appellant, was convicted of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death.
On the Christmas day of 2005 there was a feast at Ndaiga village of Laikipia District to celebrate and mark the circumcision ceremony for the appellant’s brother who had been initiated. The family had slaughtered a goat and prepared food and drinks for villagers and other guests. In the course of the celebrations the appellant became unruly and assaulted the initiate. Due to his unbecoming behaviour in what was deemed to be a solemn ceremony the appellant who had suddenly become wild, was removed by force from the homestead. Sensing danger, Simon Wambugu (PW1), Joseph Wanjohi (PW2) and Perminas Kigo (PW3) decided to leave the home of the appellant. On their way home they met the deceased, John Gaichuihie Wambugu. Suddenly the appellant appeared and charged at them alleging that one Gichimu had bewitched him. The ap…