JUDGMENT OF THE COURT
The appellant was charged in the superior court with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge stated that the appellant on 25th March, 2000 at Kanyongo Village Kithyoko Machakos District murdered Musyoka Nzwii (deceased). He pleaded not guilty but after trial with the aid of assessors he was convicted and sentenced to death. This is his first and final appeal.
The deceased was the son of Wilson Nzwii Choa (Wilson) and his first wife Rhoda Choa (Rhoda) and was aged about 29 years at the time of death. He was living in a portion of his father’s land with his wife. Wilson and Rhoda had other children including Andrew Mutungi Nzui (PW 8) who is apparently the husband of Serah Mbila Mutunga (Sarah) (PW 2). Wilson’s second wife, Esther lives in a separate part of Wilson’s land with her children including Stephen Musila Nzui (PW 3) and Gideon Thiangi, the latter being the husband of Anastacia M…