May 31, 1991, the following Judgment of the Court was delivered.
The appellant has been convicted of the offence of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death. Briefly the facts are that on 17th February, 1986, the deceased Kimanzi Sanga, aged 51 years, left his home in Mutuangombe, Endui location in Kitui district at about 8.00 am in the morning to graze his cattle in the direction of the home of Maluki Kakuli. Soon after the appellant armed with a bow and arrows was seen by two witnesses PW6, Rose Mukusi Musyoki, and PW 11, Rhoda Wayua Mwinyithya, separately from different places following the direction the deceased had gone towards the home of Maluki Kakuli. Not long after screams were heard coming from Maluki Kakuli’s home which brought people from around the vicinity running to the source of the screams. Four of them PW7, PW6, PW9 and PW10, testified that on arrival at the scene they found the deceased lying on the ground havin…