JUDGMENT
In the opinion of Dr. Abraham Gatangi, the death of Kihara Ngari (the deceased) was caused by multiple injuries due to a “blunt” and “sharp” force. That death happened on April 22, 2008 at Kambiti Location in Murang’a South District of the then Central Province. The death was blamed on his son Macharia Kihara (the appellant) who was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, tried and convicted. The appellant was sentenced to death.
At trial, the prosecution case comprised of the evidence of 10 witnesses. Upon receiving information of the death of the deceased from Armstrong Kamande Kihara (PW1), Peter Mwangi Nduati (PW4), a son to the deceased, made his way to the home of the deceased. There he met the wife of the deceased in distress. He saw the body of the deceased lying on a bed. The body had cut wounds to the hands and on the head. As he was contemplating what to do, police officers arrived.
One of the police offic…