JUDGMENT OF THE COURT
1. This is a first appeal by Gabriel Makhoha (the appellant) who was charged in the High Court at Busia (Mbogholi, J) with the offence of murder contrary to Section 203 as read with 204 of the Penal Code, for which he was sentenced to death.
2. The particulars of the offence were that on 9th January 2007 at Lwanya Village, Bujumba Sub-location in Busia District within Western Province, the appellant together with his wife, Mildred Akello Makhoha (Mildred) jointly murdered Vincent Ouma (the deceased).
3. The prosecution called five (5) witnesses. Calisto Mukono Onyango (Calisto) testified that the deceased was his brother while the appellant was a family member. It was Calisto’s further testimony that at 10.00pm on 8th January, 2007 he attended the funeral meeting of one Gaudencia Opondo, (Gaudencia) his late brother’s widow and that he and others were organizing to raise money for funeral expenses. The deceased, proposed that men contribute Kshs. 100/- while women c…