JUDGMENT OF THE COURT
In an information dated 12th March 2008, the appellant, Naftali Aulo Ayhoo was arraigned in the superior court at Kisumu, on the offence of murder contrary to section 203 as read with section 204 of the Penal Code in that he:- “On the 29th day of February, 2008 at Kiboswa market in Kisumu District within the Nyanza Province murdered Dorcas Amondi Gila.” He denied the charge, but after full hearing in which nine (9) witnesses testified, the learned trial Judge (J.R. Karanja) found him guilty of the offence as charged, convicted him and sentenced him to death. He was not satisfied with that conviction and sentence and hence this appeal premised on five grounds of appeal spelt out in the memorandum of appeal dated 11th July 2011 filed by him through Onsongo and Company Advocates. Those grounds are:- “1. The superior court failed to appreciate that the essential ingredients of the offence of murder were not established to the required standards.2. The trial court fail…