JUDGMENT OF THE COURT
On 13th March, 2009, Musinga, J found Douglas Osoro Sianyi Nyabongoye, the appellant herein, guilty of murder contrary to section 203 of the Penal Code and under section 204 of the Code, sentenced him to death. The appellant now appeals to the Court against the conviction and sentence. The particulars contained in the Information charging the appellant with murder were that on the 3rd day of September, 2004 at Nyamaware sub-location in Kisii District within Nyanza Province, the appellant murdered Daniel Nyabongoye Motaroki, “the deceased” hereinafter. The deceased was the appellant’s father, and on the evening of 3rd September, 2004, he was found lying in a pool of blood some distance from his compound.
The appellant was suspected to be involved in the attack and hence the charge of murder preferred against him. His trial opened before the late Kaburu Bauni, J on 9th November, 2006, and the late Judge selected three assessors to sit with him in the trial. The Judg…