JUDGMENT
The appellant was charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on the 14th day of February, 2014 at Miiri Village, Kanjai Sub-location of Githunguri District within Kiambu County, the appellant murdered Peter Kamau Waithiru , hereinafter referred to as the deceased.”
After a full trial where the prosecution called a total of 11 witnesses, the appellant was convicted of the said offence and sentenced to death as by law prescribed.
Being aggrieved by the said conviction and sentence, the appellant preferred an appeal to this Court. In his memorandum of appeal, the appellant faulted the trial court for convicting him in the absence of sufficient identification evidence; for relying on evidence that was inconclusive; for failing to properly and carefully analyse the prosecution evidence, and for relying on inconclusive circumstantial evidence.
The appellant urged this Court to allow the appeal or in t…