JUDGMENT OF THE COURT
The appellant Collins Elim Lemukol alias Fred was convicted by the superior court sitting at Kitale (W. Karanja, J.) of the offence of murder contrary to Section 203 as read with Section 204 of the Penal code and sentenced to suffer death. The charge stated that on 16th March, 2003 the appellant and one Gibril Ekadel alias Simulik jointly with another at Kanamkemer Parish in Turkana District murdered one Anna Nanjala Barasa.
The deceased was a Catholic Sister of Visulaine Congregation headed by Sister Chair Tobin (PW9) and was living at Kanamkemer Convent in Lodwar, Turkana together with Sisters Florence Kawingi Nyamai (PW1). Rose Wasike (PW2) (Rose), Jacinta Kerubo (PW3) (Jacinta), Alice Namalwa Muliro (PW5) (Alice). The convent had six bedrooms, sitting room, dinning and a kitchen and was located 30 metres from the house of the Parish Priest Father John Hirehold (PW4) (John). There were two watchmen – a day watchman and a night watchman. The night watchman was ca…