JUDGMENT OF THE COURT
1. Nicholas Mueke Mwania, the 1st appellant, and Jones Mutangili Mwania, the 2nd appellant, together with one Thomas Muuo Mwania (co-accused) were charged with murder contrary to section 203 as read with section 204 of the Penal Code before the High Court at Machakos. The particulars of the offence were that on 21st June 2007 at Kithumani village, Kakutha Location in Makueni District, jointly with another not before court murdered Richard Ndula Mwania, (the deceased).
2. After a full trial, the appellants were convicted and sentenced to death as by law then prescribed. Their co-accused, Thomas Muuo Mwania was set free. Being aggrieved by the said conviction and sentence, the appellants preferred an appeal to this Court.
3. This being the first appellate court from a conviction and sentence by the High Court, the Court has a duty to re-consider the evidence that was tendered before the trial court, evaluate, and draw its own conclusions. The Court must however take i…