JUDGMENT OF THE COURT
Lokwamoru Lodo (the appellant) was charged with the offence of murder contrary to section 203 read with section 204 of the Penal Code. It was alleged that on 28th day of September, 1997 at Lokopel in Turkana District in Rift Valley Province he murdered James Espital Alongita (herein after called "the deceased"). The appellant was convicted and sentenced to death by Nambuye, J. He has now appealed against his conviction and sentence.
The prosecution's case was that on 28th September, 1997 at or about 9:30 p.m. David Kelele (P.W. 1), Enukani Echimoni (P.W. 2) and Emuri Remoitan (P.W. 3) heard gunshots and a woman screaming from the direction of a house in the neighbourhood. They all rushed to the scene to find out what was happening and upon reaching there they found the deceased and a young boy lying dead. The deceased appeared to have been shot in the chest while the boy had been shot in the abdomen. They did not find the attackers at the scene and since it was nig…