JUDGMENT OF THE COURT
On an information filed at the High Court at Bungoma, by the Attorney General, the appellant Elphas Fwamba Toili was arraigned before that superior court 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 18th and 19th August, 2003 at Busio (B) village in Kisawayi sublocation, Mukwa Location within Bungoma District of Western Province murdered Linet (Judith) Nabwire.”
He pleaded not guilty but after full trial with the aid of assessors, he was found guilty as charged, convicted and sentenced to death. The assessors also returned an opinion that the appellant was guilty of murder after the learned Judge of the superior court (Sergon J.) summarized the entire case to them. The appellant felt dissatisfied with that verdict and hence this appeal. The original memorandum of appeal was filed by the appellant in person. However, the appeal was taken over by Mrs. Kosgei …