JUDGMENT OF THE COURT
At the hearing of this appeal, the appellant abandoned the appeal on conviction. Instead he opted to prosecute or pursue the appeal on sentence only.
The appellant was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars were that on the 19th day of January, 2012 in Nyamira Sub-location of Siaya County within Nyanza Province, he murdered Christine Muruka Osuri, “deceased”.
In proving their case the prosecution called 5 witnesses. PW1, Dr. Bob Otieno produced the post mortem report on behalf of Dr. Muturi who had performed the post mortem examination on the deceased’s body. He had concluded that the cause of death was multiple injuries to the head and chest caused by blunt trauma.
PW2, David Ambale Komenya a minor aged nine years on 19th January, 2012 in the evening was with the deceased who was his grandmother when the appellant, a step son, came in the house thrice and took firewood forcefully despite…