JUDGMENT OF THE COURT
This appeal must be allowed partly because of the terrible state of the record of appeal which makes the trial defective and also because of the elementary legal errors committed by the learned trial judge, Ang'awa J.
The appellants have appealed against the conviction and consequent sentences of death passed upon them on 14th February, 1997, by the learned trial judge of the High Court on a charge of murder that they jointly with others not before the court, had murdered an old woman, one Masika Kiti. It is true that the record of proceedings contain several typographical mistakes, but apart from these, there occur in the evidence of the alleged eyewitnesses to the killing of Masika Kiti, many incomplete and meaningless sentences and passages and serious misdescriptions of persons which can only be blamed on the learned judge, and which render the evidence of these eyewitnesses worthless. This was also due to the fact, and this can also be blamed on the learned ju…