JUDGMENT
The Appellant Dume Kitsao Chai was charged with the offence of Murder contrary to section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on the night of 2nd to 3rd September, 2016 at Sosoni Village, within Kilifi County,jointly with others who were not before the Court, murdered Mercyline Kache Charo. The Appellant pleaded not guilty and the matter proceeded to trial before the High Court at Malindi where he was convicted in a Judgement delivered on 5th August 2020 and sentenced to life imprisonment.
This is a first appeal. We have duly considered the record of appeal, the judgment of the High Court, the memoranda of appeal by the Appellant and submissions by the respective learned counsel, and the authorities that they cited. This is in line with the principles enunciated in the Okeno v. R [1972] EA 32:
“An Appellant on a first appeal is entitled to expect the evidence as a whole to be submitted to a fresh and exhaustive examination (Pa…