JUDGMENT OF THE COURT
The appellant, John Oketch Oganga, was found guilty of the offence of murder and convicted by the High Court (Sitati, J.) at Kisii. The particulars of the offence were that he murdered Bernard Okinyi Ogalo (the deceased) on 5th September 2008 at Osingoa, North sub-location in Migori in the former Nyanza Province. He was sentenced to death. He has in this appeal challenged the conviction and the sentence.
The appeal raises the question whether the identification of the appellant was mistaken. Akin to that is the question whether, there was sufficient circumstantial evidence to support the conviction and whether the learned trial Judge erred in relying on a dying declaration in support of the conviction.
On a first appeal, such as this, we are obliged to re- evaluate and analyze the evidence on record with a view to reaching our own independent conclusion. We bear in mind that we have not had the opportunity the trial court had of hearing and seeing the witnesses and …