JUDGMENT OF THE COURT
This appeal involves charge preferred against Mathias Obuya Aringo, the appellant, for the offence of murder of Stephen Odhiambo Obuya, the deceased, contrary to section 203 as read with section 204 of the Penal Code. The particulars as set out in the information before the High Court at Homabay were that on 19th October 2010 at Disii Village, Komolo Sub-Location in Homabay County, the appellant murdered the deceased. The appellant denied the charges.
After hearing the evidence and the submissions of the parties, the trial court found the appellant guilty as charged and sentenced him to death as by law prescribed.
The appellant was aggrieved by the conviction and sentence, and appealed against that decision on the grounds that;
1.The learned judge erred in law in convicting the appellant primarily on the evidence of Serfina Akoth Okaka, PW 1, (Serfina) the appellant’s spouse, was contrary to the express provisions of section 127 (2) (ii) of the Evidence Act;
2.The lea…