JUDGMENT OF THE COURT
MAURICE MBAISA KENYATTA , was after trial convicted by the High Court of Kenya at Kakamega (Tanui, J) on 12th November, 1999, of the murder of Jacob Khayumbi, the Assistant Chief of Ikuywa sub-Location in Vihiga District, at about 7.00 p.m. on 14th January, 1998, and sentenced to death.
The facts with regard to the death of the deceased are brief and not largely in dispute. They are as follows. The deceased together with his two village elders Henry Mbeiywa (PW 1) and John Muhani (PW 2) were walking home from the village market during the evening of the fateful day. On the way they encountered a rowdy group of youths singing. The deceased who was armed with a somali sword asked them to identify themselves and wanted to know why they were singing at night. PW 1 and PW 2 testified that without uttering a word the appellant, who was also armed with a panga, raised his panga and proceeded to cut the deceased on the neck. These witnesses denied that there was any disput…