JUDGMENT OF THE COURT
1. Emily Nekesa Cosmas, the appellant, was charged with murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged that on the night of 12th and 13th November, 2006 at Malakisi Village in Bungoma District, she murdered Isabella Namucheka Masinde, hereinafter referred to as “the deceased”. After a full trial before the High Court at Bungoma, (F. N. Muchemi, J.), the appellant was found guilty as charged, convicted and sentenced to death as by law prescribed.
2. Being aggrieved by the said conviction and sentence, the appellant preferred an appeal to this Court. In her memorandum of appeal filed through J. O. Makali and Company Advocates, the appellant faulted the learned judge for convicting her in the absence of direct evidence linking her to the commission of the offence; for convicting her on circumstantial evidence that did not reach the required threshold; for convicting her on the basis of suspicion which cannot be a substitute o…