JUDGMENT OF THE COURT
On 4th June, 1999, the appellant was committed by the Resident Magistrate, Machakos to the High Court for trial on a charge of murder according to the committal proceedings procedure prevailing at that time. The committal proceedings procedure has now been subrogated. The current procedure now requires that a person suspected of having committed the offence of murder be charged directly with the offence in the High Court.
The appellant was subsequently charged with the offence of murder contrary to Section 202 as read with Section 204 of the Penal Code. He was alleged to have murdered one Mwaniki Kathali on 6th October, 1998 at Ngungani sub-location, Mwingi District. He was tried by the superior court at Machakos (Mwera, J.) with the aid of assessors, convicted and sentenced to death. This is his first and final appeal. The deceased who was aged about 70 years was related to the appellant by marriage as the appellant’s elder brother is married the deceased’s younge…