JUDGMENT OF THE COURT
This first appeal arises from the conviction of the appellant, Mangale Sombo Mricheni, of the offence of murder contrary to section 204 of the Penal Code by the High Court in Mombasa (Odero, J) on 17th November, 2011. Upon conviction the appellant was sentenced to death. The particulars of the charge as laid out in the information were that on 7th March, 2007, at Mtumwa Village, Mwereni Location, Msambweni District within Coast Province, the appellant murdered Chibuta Mwachilungo (deceased).
The rather tragic background to the commission of the offence was an allegation by two fellow villagers of the deceased, Chaka Nyondo and Mwatsuma Nyonda that he was a witch. That accusation was made about three days prior to the death of the deceased. To prove otherwise and absolve him from the charge that he was a witch, the deceased submitted himself to a Duruma traditional oath conducted by a witchdoctor at a place called Msamani. As it turned out, the oath allegedly confir…