JUDGMENT OF THE COURT
INTRODUCTION
1. This is a first appeal from the decision of R. Korir, J. convicting the appellant for murder of Simon Koli (deceased) and sentencing him to death. The offence was said to have been committed on 25th June, 2013 at Maasai Village in Embakasi area, Nairobi County.
In his opening remarks before this Court, Mr. Mwesigwa, the appellant’s learned counsel, stated that from the record it was clear that the death of the deceased was caused by the appellant. However, it was not proved that the appellant had mens rea, he contended.
2. It is a basic principle of criminal law that for one to be convicted of the offence of murder both mens rea and actus reus must be proved. See JOSEPH KIMANI NJAU v. REPUBLIC [2014] eKLR. We must therefore examine the evidence that was tendered before the trial judge to see whether this principle was satisfied.
SUMMARY OF THE PROSECUTION EVIDENCE
3. The appellant, a game ranger, was an employee of the Kenya Wildlife Service and was the…