JUDGMENT OF THE COURT
The appellant, Daniel Kamau Njoroge, was convicted of murder in the High Court of Kenya at Nakuru (Lady Justice Nambuye) on December 1, 1993 and sentenced to death. He has appealed to this Court against both the conviction and the sentence.
Paul Kipkemboi Sambu (PW1) and his brother the deceased herein, were in their house at about 7 p.m. listening to the radio when they smelt smoke of a burning house. They dashed out to try to find out where it emanated from and on looking at different directions they saw a house, 100 metres away, burning in the compound of their neighbour, Titus Mwangi. On rushing there they found the appellant putting out the fire using a small jerican. Paul and the deceased asked the appellant the cause of the fire but apparently he was unable to explain. Their offer to assist in putting it off was rebuffed and as they were leaving the scene a large group of people emerged from the rear of one of the houses in the compound and called out the ap…