JUDGMENT OF THE COURT
Mohamoud Abdalla Mahamoud, the appellant herein, was tried and convicted on a charge of murder contrary to section 203 as read with section 204 of the Penal Code. Ouko, J sitting with the aid of assessors, found him guilty of the charge and duly sentenced him to death. The three assessors had unanimously agreed with the Judge that the offence of murder had been proved against the appellant. The appellant now appeals to this Court against the conviction and sentence.
The particulars of the charge on which the appellant was convicted were that on 25th June, 2004 at about 7.30 a.m. at Matondoni Area in Lamu District within the Coast Province, the appellant murdered Bwana Hamisi Helefu, “the deceased” hereinafter. The deceased was the brother of Mohamed Helefu (P.W5) and on the recorded evidence, it is clear to us that during the morning of the incident, the appellant and P.W5 met in the home of the deceased. The deceased was inside his house and it appears that both t…