JOSEPH KIPKEMOI NGETICH
V.
REPUBLIC

JUDGMENT OF THE COURT

In an information dated 17^th November 2005, the appellant was charged with the offence of murder contrary to section 204 of the Penal Code. The particulars of the offence were that on 20^th October 2005 at Bisiobei Sub-Location of Kaptebengwet Location in Bureti in the then Bureti District he murdered LUCUS KONGO.

On 8^th May 2006, the appellant pleaded not guilty. His trial commenced in earnest on 3^rd October 2006 before Koome, J. (as she then was). The prosecution called a total of 9 witnesses. Upon conclusion of the prosecution case, the trial court found the appellant had a case to answer. In his defence, the appellant chose to make an unsworn statement of defence and did not call a witness.

In a judgment delivered on 25^th July 2009, the appellant was found guilty of murder and sentenced to death as prescribed by the law then.

The appellant was dissatisfied with the outcome of his trial, hence the appeal before us. In his home made grounds of appeal filed on 28^th J…