JUDGMENT OF THE COURT
1. Duncan Mugesi Masera, the appellant, was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars were that on 2nd September 2010 at Bohorera village in Masaba Location, Kuria West District, within the then Nyanza Province, the appellant murdered Alfred Manyinyi (the deceased). He was tried before the High Court at Kisii and convicted in a judgment delivered by Majanja, J., on 23rd March 2015. He was sentenced to death.
2. He has appealed against that judgment on the grounds that the ingredients of the offence of murder were not proved; that the trial court failed to consider that the death of the deceased was not caused by the act of the appellant but by intervening factors; that his defense was not considered; and that the sentence meted out is manifestly harsh.
3. The facts are that on 15th July 2010 at about 6.45 p.m., Thomas Nyamohanga, (PW1) Philip Marwa Mwita (PW2) and the deceased were walking …