JUDGMENT OF THE COURT
Luciano Juma Farjala, the appellant, a driver, was charged and tried with the aid of assessors, with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. He was convicted and was thereafter sentenced to the mandatory death sentence provided for the offence. He was aggrieved and hence the appeal before us.
This being a first appeal we are obliged to re-evaluate the evidence, analyse it and come to our own conclusions, without of course overlooking the conclusions of the trial court which, not only saw and heard the witnesses testify but was also better placed to draw inferences on credibility of witnesses. (See Okeno v. R [1972] EA 32).
During the hearing of this appeal Mr. Aboubakar, learned counsel for the appellant, did not challenge the trial court’s finding that the appellant is actually the person who caused the death of one Mohamed Shamash (the deceased). In his submission he contended, that the circumstances of the case, p…