JUDGMENT OF THE COURT
[1] Jonathan Kiplimo, (the appellant herein), was arraigned before the High Court in Eldoret for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Following a trial in which eleven (11) witnesses testified for the prosecution, and the appellant gave sworn evidence in his defence, the learned judge found the appellant guilty of the offence and convicted him as charged. He was accordingly sentenced to death.
[2] Being aggrieved by his conviction and sentence, the appellant has lodged an appeal before us in which he has raised five (5) grounds of appeal. The grounds contend that the trial court erred: in failing to appreciate the facts of the case and the applicable law; in failing to appreciate that the burden of proof lay with the prosecution and that the prosecution had not discharged this burden; in reaching conclusions that were not supported by the evidence adduced; in convicting on weak circumstantial evidence; and failin…