JUDGMENT OF THE COURT
Felix Muchiti, the appellant, was charged with the offence of murder of Ibrahim Muchiti, the deceased, contrary to section 203 as read with section 204 of the Penal Code. The particulars as set out in the information before the High Court at Homabay were that on 29th December 2009 at Shiavige Village, Kakamega South District within the former Western Province, the appellant murdered the deceased. The appellant denied the charges.
After hearing the evidence and the submissions of the parties, the trial court found the appellant guilty as charged and sentenced him to death as by law prescribed.
The appellant was aggrieved by the conviction and sentence, and appealed against that decision on the grounds that;
1.The learned judge erred in convicting the appellant on the basis of circumstantial evidence and in the absence of direct evidence did so without warning himself of the dangers of relying on circumstantial evidence;
2.The learned judge wrongly convicted the appella…