JUDGMENT
Joseph Kungu Mwai, the appellant herein, appeals to this court against the conviction and consequent sentence of death recorded against him by the High Court of Kenya at Nakuru (Nambuye, J.) on 25th February, 1994. The appellant had been tried on a charge of murder, wherein it had been alleged against him that during the night of 17th and 18th March, 1992, the appellant jointly with other persons not before the court, had murdered one Captain Edward Kipsoi Belsoi.
The appellant first appeared before the High Court on 26th April, 1993. The record of the court for that day shows that one Gathendu represented the Republic while a Miss Wekesa represented the appellant. The plea of the appellant was taken on that day and needless to say, the appellant pleaded not guilty. Thereafter, the case was fixed for hearing on 24th and 25th May, 1993. Mr. Kigano who argued the appeal before us at first appeared to think that the appellant’s trial started on 26th April, 1993, when his plea was …