JUDGMENT OF THE COURT
Joseph Kiptum Keter, the appellant, was arraigned and tried before the High Court at Kitale (Wanjiru Karanja, J) with the aid of assessors for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence alleged that on 5th August 2001 at Lamaiywet Village, Moi’s Bridge Location in Uasin Gishu District within Rift Valley Province, he murdered Milka Cherono Keter (the deceased).
At the conclusion of the trial, the assessors returned a finding of guilty of murder, a finding the trial Judge agreed with in a reasoned judgment; convicted the appellant and sentenced him to the mandatory death sentence as provided under the penal provision. The appellant was aggrieved, and in this appeal he challenges his conviction and sentence on three broad grounds, namely:
(1) his conviction was against the weight of the evidence
(2) the evidence relied upon was not credible
(3) the trial Judge failed to consider the appellant’s…