JUDGMENT
The appellant, Dan Slaus Murunga, was charged and convicted of the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The information against him stated that on the 22nd day of July 2012 at Shirere sub-location, Bukhungu location, Kakamega Township in Kakamega Central District within Western Province, he murdered Charles Kubai. He was sentenced to death upon conviction, the trial court noting that the only penalty provided in law for the offence of murder was the death sentence.
Aggrieved by his conviction and sentence, the appellant has filed the present appeal in which he raises, in his memorandum of appeal dated 8th March, 2021, two grounds of appeal. He faults the trial court, first, for failing to adequately evaluate the evidence tendered and disregarding the defence evidence. Secondly, for him to suffer death yet the death sentence was declared unconstitutional.
Learned Counsel, Mr. Mirembe, appeared for the appellant. He relied on the su…