JUDGMENT
The appellant was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code (Cap 63) and sentenced to death by the High Court at Meru. He has appealed to this Court on three grounds namely:
1. The learned judge erred in that he overlooked that the respondent not only had to dispose of the defence set up but had also to prove that the evidence adduced by the prosecution was consistent only with murder;
2. The learned judge erred in that he did not take into account that the inability of medical evidence to speak with precision about the cause of death or to conclusively identify the fatal injury, together with other circumstances to be referred to in submissions, opened up alternative possibilities requiring consideration;
3. The learned judge erred in not holding that the evidence did not eliminate as a reason hypothesis that the accused killed the deceased by an unlawful assault but without the intent necessary to constitute legal mali…