JUDGMENT
Mohamed Jiro Godana, the appellant, was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on 20th June 2013 at Maungu trading centre within Taita Taveta County he murdered Mambo Kiloki Musale (deceased). He was tried before the High Court at Voi. In convicting him for that offence, the High Court (J. Kamau, J.), in a judgment delivered on 16th March 2017, found that although “although there was no direct evidence implicating” the appellant, the prosecution had proved its case to the required standard. In that regard, the learned Judge expressed that:
“There was no doubt in the mind of this court that the circumstances that were placed before it were of a definite tendency unerringly pointing towards the accused person’s guilt.
Taken cumulatively, the circumstances established by the prosecution formed a chain so complete that there were (sic) no escape from the conclusion that within al…