JUDGMENT
The appellants, Milton Amugune Luvisia and Hasting Ngarama Mbohi alias Boyi were charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The information against them stated that on the June 28, 2014 at Gaigedi sub-location within Vihiga county, they murdered Emmanuel Lihanda Kisango.
The appellants denied the charge and following a hearing before the High Court in Kakamega (Sitati J) in which the prosecution called 9 witnesses, the appellants were found guilty as charged in the judgment of the court dated October 26, 2016. They were sentenced to death as provided under section 204 of the Penal Code.
Aggrieved by both their conviction and sentence, the appellants have filed the present appeal in which they raise the following grounds of appeal in their memorandum of appeal dated September 15, 2020:
i. That the learned trial judge erred in points of law and fact by failing to evaluate the evidence as a whole and observe that the prosec…