JUDGMENT OF THE COURT
The appellant was tried by the High Court, Nairobi with the aid of assessors for the offence of murder contrary to Section 203 as read with Section 204 of the Penal code. He was subsequently convicted and sentenced to death.
He has appealed against conviction and sentence.
The appellant was an administration police officer stationed at Mundoro chief’s Camp in Gatundu, Thika District. The chief’s camp is about 70 metres from Mundoro Trading centre (market).
The appellant was alleged to have murdered Isaac Kimiri Muriithi on 30th October, 2005 at the market. The prosecution called a total of sixteen witnesses but only one, APC. Abraham Kitilit (PW1) (Abraham) gave detailed evidence of the circumstances leading to the death. This witness was also an administration police officer at Mundoro chief’s camp and a colleague of the appellant. He testified in the relevant part, thus: “I went to Matheri bar where my friends bought me two beers. After I drank one beer, Paul Muiga…