IN THE COURT OF APPEAL
AT KISUMU
(Coram: Tunoi, O’Kubasu JJ A and Onyango-Otieno Ag JA)
CRIMINAL APPEAL NO 150 OF 2003
JULIUS MWITA RANGE ................APPELLANT
VERSUS
REPUBLIC...................................RESPONDENT
(Appeal from a conviction and sentence of the High Court at
Kisii (Wambilyanga J) dated 27th July 2002)
JUDGMENT
The appellant in this appeal, Julius Mwita Range, was charged with the offence of murder contrary to section 203 of the Penal Code as read with section 204 of the same Code. The particulars of the offence were that on 6th February, 1999 at Kiandege village Nyaitara sub location in Kuria
District of the Nyanza Province, he murdered Musa Chacha Mwita. He pleaded not guilty. After a full trial, he was found guilty as charged and sentenced to death. In his appeal he has preferred two grounds and these are that:-
“1. The learned judge erred in law and fact by refusing to take evidence from the estranged wife of the Appellant Elizabeth Nyaitoto (who was the apparent eye …