JUDGMENT
Moses Malala Olunga (the deceased or Olunga) died on 15th April, 2018. By an information dated 29th April, 2008 and filed on the same day at the High Court in Kakamega, Joseph Chiteri (the appellant), was jointly with another not before court charged with the murder of the deceased contrary to section 203 as read with section 204 of the Penal Code. He stood trial, was convicted and sentenced to death. He is aggrieved with both the conviction and sentence and appeals to this Court.
The appeal raises four grounds namely; that the learned judge erred both in law and fact in failing to appreciate that the prosecution had failed to establish their case to the required standard that is beyond reasonable doubt; that the prosecution’s evidence was full of contradictions and inconsistencies; that the judge made conclusions, decisions and drew inferences which are not based on evidence or record, and that the sentence was harsh and manifestly excessive in the circumstances of the case an…