JUDGMENT OF THE COURT
The appellant, Paul Mwangi Kariuki, was charged with murder contrary to section 203 as read with section 204 of the Penal Code in that on 31st July, 2004 at Mirangine Village in Nyandarua District within Central Province he murdered Jackson Wagura. The appellant denied the charge and his trial commenced with the aid of assessors on 28th October, 2004. A total of eight witnesses testified on behalf of the prosecution, while the appellant testified on oath and called no witnesses. After the summing up, the three assessors returned a unanimous verdict of “not guilty”. However, the learned Judge found him guilty and sentenced him to death.
Aggrieved by that decision, he appealed to this Court. In his Memorandum of Appeal dated3rd May, 2007 the appellant set out the following grounds of appeal:
“1. That the Learned trial Judge of the superior court erred in law by failing to admit documentary evidence which cannot be controverted by oral evidence.
2. That the learned tria…