JUDGMENT OF THE COURT
[1] This is an appeal against the judgment of the High Court (A. Mabeya, J) whereby the appellant was convicted for the offence of murder of Dickson Kiplangat (deceased) contrary to Section 203 as read with Section 204 of the Penal Code and sentenced to death.
[2] The particulars of the offence read that on the 17th February, 2008 at Kaboiywo Forest in Kaboiywo Sub-Location within Mt. Elgon District, the appellant jointly with others not in Court, murdered Dickson Kiplangat.
[3] Briefly, the background of the appeal is as follows;
David Tumo Kukuru (David), testified that on 20th February, 2008 at around 11.00 a.m., he was at his house with his two wives, when he heard gunshots and a lot of noise made by people running towards his direction and was informed that members of ‘janjaweed’ also known as Saboti Land Defence Force, hereinafter referred to ‘SLDF’ were heading to the area. David claimed that he saw the appellant, whose alias is “Okwengu” in a group of about t…