JUDGEMENT OF THE COURT
The two appellants herein, David Kipkemboi Ngetich (David) and Paul Kibet Ngetich (Paul) were convicted by the superior court (Kimaru J.) for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It had been alleged in an Information filed by the Attorney General on 22nd January 2004, that the two appellants:- “On the 26th day of December, 2003 at Sirikwa Settlement Scheme Molo in Nakuru District of the Rift Valley Province jointly with others not before court murdered EZEKIEL KIPKURUI KOSKE”. Upon a full trial with the aid of assessors, as the law then required, the three assessors were of the unanimous opinion that the appellants were not guilty of the offence charged, but the learned Judge differed with them. He convicted the appellants and sentenced them to suffer death as by law provided. The appellants now come before on this first and final appeal.
As this is a first appeal this Court is under a duty to examine the evide…