JUDGMENT OF THE COURT
Mary Ang’awa, J tried and convicted the appellant, Joseph Kipkoech Kurgat, on an information that had charged the appellant with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the Information were that on the 14th June, 2008 at Kariba Village in Bomet District of the then Rift Valley Province, the appellant murdered Joseph Kipyegon Kitur, hereinafter referred to as the deceased. Upon convicting the appellant the learned Judge duly sentenced him to death, but before doing so, the Judge had called for a probation report on the appellant. It is not quite clear why she did so, nor is it clear from the proceedings what the probation officer recommended. Nonetheless, the Judge did not rely on the probation report.
The facts found by the Judge are straightforward. The deceased and the appellant were neighbours. On the day of the incident, the deceased was at his son’s homestead at Kiriba Village. He w…