JUDGMENT OF THE COURT
[1] Julius Shukrani Mganga (the appellant), and another were arraigned before the High Court in Malindi to answer a charge of murder contrary to section 203 as read with section 204 of the penal code. The particulars of the charge were that on the 22nd day of October, 2012 at Mbaya Mose Village Kilifi County, they jointly murdered Osman Salat Hanish. They pleaded not guilty to the charge and after a full hearing his co-accused was acquitted. The appellant was nonetheless found guilty of murder, convicted and sentenced to suffer death as by law prescribed.
[2] Aggrieved with the said conviction and sentence, he appealed to this Court and proffered five homemade grounds of appeal. After being assigned the matter Miss Aoko Otieno, learned counsel for the appellant filed 5 supplementary grounds of appeal, on 28th February, 2016, which she relied on when prosecuting this appeal. In these supplementary grounds, the learned Judge is faulted for finding the murder charge p…