JUDGMENT
Martin Ouma Okoth, Joseph Nyariaro Otieno and Lencer Anyango Okumbo (the appellants) were charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.** The particulars of the offence were that on the 27th day of November 2013, at Nyoniang’ Village, Komenya Sub-location, North Kanyamkago Location of Migori County they murdered Kevin Omondi Abich.
The appellants were tried and convicted of the offence and each was sentenced to death. Being aggrieved with both the conviction and sentence, the appellants have now filed this appeal, and probably the last appeal, raising the following grounds of appeal:
The Learned Judge erred in law and fact in relying on confession made to PW3 which fell short of the requirements of Section 25A of the Evidence Act
The Learned Judge erred in law and fact in holding that the Appellants were at the crime scene when there was contradictory evidence on the whereabouts of the Appellants
The Learned Judge erred in l…