JUDGEMENT OF THE COURT
This is an appeal from the judgement of the High Court of Kenya at Kisumu (Warsame, J. – (as he then was) delivered on 11th October 2005 where the appellant, Juma Onyango Ibrahim was convicted of the offence of murder and sentenced to death. According to the information, on 18th November, 2002 at [particulars withheld] Mosque in Nyawita Sub – Location of Kisumu the appellant murdered M I A (“the deceased”). Being a first appeal we have a responsibility to re-evaluate the evidence and make our own conclusions remembering always that we have not had the advantage of hearing witnesses and observing their demeanour as the judge hearing the case did – In the case of Okeno v. Republic[1972] EA 32 it was held:-
“It is the duty of the first appellate court to reconsider the evidence, evaluate it itself and draw its own conclusions in deciding whether the judgement of the trial court should be upheld ....”
The prosecution case was through the evidence of 8 witnesses and it …