JUDGMENT OF THE COURT
Joseph Mwongera Rukaria was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code, Cap 63 of the Laws of Kenya. The Information is that on the 12th day of March, 2009 at Maitei Village in Maitei sub-location, Buuri Division Meru Central District within the Eastern Province murdered Benjamin Mwiti Rukaria. The appellant was tried and found guilty by the High Court. He was sentenced to death as provided by law. The deceased was a brother to the appellant and PW 1 Samuel Jack Rukaria.
The learned Judge in convicting the appellant expressed herself:
“PW1, like PW 2, 3 and 4 testified that the accused cut the deceased on the neck from behind, causing blood to jut into the air from the deceased neck.... I find that the accused cut the deceased on the neck severing the major blood vessels and the throat and trachea and dislocating the bones on the neck area. Malice aforethought can be inferred from the circumstances of the case”.
Aggrieved b…