JUDGMENT OF THE COURT
Joseph Chemaswet Lomulei, the appellant, was on 27th July 2004, arraigned before the High Court (W. Karanja J) at Kitale for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. He denied the charge, and upon trial he was found guilty of that offence and was thereafter sentenced to death, which is the only sentence provided for that offence.
The particulars in the information alleged that on 11th September 2003, at Karara area of Trans- Nzoia District within Rift Valley Province the appellant murdered Patrick Juma, hereinafter referred to as the deceased.
The deceased operated a bicycle taxi, which was christened “Sungura Mjanja”. The last time he was seen alive he was riding his said bicycle with the appellant as a pillion passenger. The time was about 3 p.m. on 11th September 2003. For three days thereafter neither his mother, Frida Nafula, (PW1), nor close relatives and friends knew where the deceased was. Efforts to find him …