JUDGMENT OF THE COURT
On 29th May 2012, the appellant, Nyawa Mwajowa pleaded guilty to an information charging him with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Nzioka, J. convicted him and ordered for a pre-sentence report from the Probation and After Care Services to determine the appropriate sentence to mete out. The learned judge was unable to complete the proceedings and on 2nd May 2013, after duly complying with section 200 of the Criminal Procedure Code, Muya, J. took over and concluded the proceedings. On 8th May 2013, after considering a pre-sentence report prepared by the Senior Probation Officer, Mombasa, the learned judge was satisfied that the appellant suffered flashes of mental instability. Accordingly, he ordered the appellant to be detained during the pleasure of the President.
Aggrieved by his conviction and sentence, the appellant preferred this appeal in which he has impugned his conviction on two grounds, namely that …