JUDGMENT OF THE COURT
The appellant was tried by the superior court with the aid of assessors on the information (charge) of murder contrary to section 203 as read with section 204 of the Penal Code. He was alleged to have murdered one MIZINGO MUNGA GUBE (deceased) on 2nd April, 2001. He was convicted and sentenced to death. This is his first and final appeal.
On 2nd April 2001, the child of Mwahanje Ndegwa Mwakilunge (PW1) (Mwahanje) fell sick and he took him to hospital. The child however, died on the way to hospital and funeral was arranged to take place in the afternoon. The funeral was attended by villagers among them, Ndimiro Ndegwa Mwachilungo (PW3) – a brother of Mwahanje; Munga Ndegwa (PW6), another brother of Mwahanje; Ngana William Mlelu (PW4); Beja Munga, (PW5) a brother of the deceased; Mizingo Munga Gube (deceased) and Nyando, the appellant. The deceased and the appellant are related to Mwahanje by marriage as Mwahanje has married the appellant’s sister while the deceased …