JUDGMENT OF THE COURT
1. This is an appeal against the judgment of the High Court (Muchemi, J.) in which the High Court convicted Ernest Opalu Okunja (the appellant) for the offence of murder, and sentenced him to death.
2. The circumstances leading to the appellant’s conviction were that on the morning of 27th February, 2005 Ellen Mahoka Baraza (also referred to as Hellen Makoha Baraza) (Ellen) was in her house together with her one-year old son EO (herein deceased). Also, in the house was Ellen’s daughter EAB (E) and Ellen’s co-wife Margaret Wangatia Baraza (Margaret). Hell broke loose when several people armed with pangas, somali swords and rungus entered the home shouting. The men entered Ellen’s house then walked out. Ellen who was holding the child followed them outside and two of the men attacked her, slashed her on her head and back, and also cut the deceased (whom Ellen was holding), across the face with a panga. Both Ellen and E identified the appellant as having been one of t…