JUDGMENT OF THE COURT
Henry Kaindio ('the appellant') was charged, by way of information dated 18th September, 2006 with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap 63 Laws of Kenya).
The particulars of the offence are that the appellant on 20th May, 2006 at Karama location in Meru North District within Eastern Province, murdered Mark Kaberia ('the deceased'). The High Court (Lesiit J.), after hearing the evidence of six witnesses, and the appellant’s unsworn statement of defence, convicted the appellant of the offence of murder, and sentenced him to death. Aggrieved by the said conviction and sentence, the appellant came to this Court by way of the appeal now before us.
The background of this matter as per the evidence adduced before the High Court is as follows:-
The Appellant and the deceased were brothers. PW1, Jeniffer Nambue, was their mother. On 6th May 2006, while at her home (PW1), was alerted by two of her other children that a f…