JUDGMENT OF THE COURT
The appellant, F.S.W, together with another person namely A. W, were, in an Information dated 20th February, 2008, and presented to Court on the same date, charged with the offence of murder, the particulars of which were that:-
“On the night of 18th/19th day of August 2006 at [particulars withheld] in Kakamega District within Western Province, jointly murdered R.N.”
They each denied the charge but after full hearing first before Ochieng J. who heard five witnesses and went on transfer and thereafter before Chitembwe J. who heard the remaining three witnesses and found both accused then before him had prima facie case established and put them on their defence then also ceased to exercise jurisdiction and lastly before Lenaola J. who heard the unsworn statements of the then two accused and submissions by their counsel, the appellant, who was the second accused in the High court was found guilty, convicted as charged and thereafter sentenced to death. The other accuse…