JUDGMENT
This is an appeal against the conviction and death sentence meted out against the appellant by the High Court (Wakiaga J.) for the offence of Murder.
The appellant, Kennedy Musee Sammy was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code in that on 13th October, 2014 at Waruku village Dagoretti District within Nairobi County, he murdered Rose Mukui (hereafter the deceased). He pleaded not guilty to the information and the matter proceeded to full hearing with the prosecution calling a total of six (6) witnesses in support of their case. On his part, the appellant tendered his evidence on oath and called no witnesses.
In a nutshell, the prosecution case was that the deceased was the appellant’s girlfriend. The deceased used to stay with Mary Nzilani Kituku (PW1) her elder sister but would occasionally stay at the accused’s house at Waruku Estate. On 13th October, 2014 at about 1.00 a.m. PW1 was called by neighbours who told her that the decea…