JUDGMENT
Habel Kahindi, the Appellant herein, was one of three accused persons charged with the murder of Edward Fondo Charo (hereinafter “the deceased”) on 25th April 2015 at Mbuzi Wengi Village, Shella Sub location in Malindi Sub County. After pleading not guilty to the charge, a trial was conducted, in which the Prosecution called six witnesses in support of their case. The Appellant chose to remain silent when called upon to defend himself, and was subsequently convicted for the offence of murder and sentenced to imprisonment for thirty (30) years.
Being dissatisfied with the said conviction and sentence, the Appellant proffered this appeal by way of a Notice of Appeal dated 29th January 2018 and Memorandum of Appeal dated 11th April 2014. The Appellant faulted the trial Judge for failing to consider that the two elements of mens rea and actus reus were not proved; failing to consider that his arrest had no link to the case and finally, failing to consider his defence. The appeal wa…