JUDGMENT
The appellant, Peter Obino Nyaundi, was charged in the superior court with the offence of murder contrary to section 203 as read together with section 204 of the Penal code. The particulars were that on 11th day of May, 1999 at Bonyando sub-location in central Kisii district of Nyanza province he murdered Joseph Nyakeya Nyakeya. He pleaded not guilty but after a full hearing the leaned trial judge sitting with assessors, found him guilty of the offence as charged and sentenced him to death as prescribed by law. He has appealed against the same conviction and sentence and has preferred four grounds of appeal which he filed in person but during the hearing of the appeal, Mr Kabua appeared for him and adopted the same grounds of appeal.
On 11th May, 1999 between 2 pm and 3 pm, PW1, David Ongoro Mokumi (David) was to the home of his cousin Makario Akara. A woman called Mwango Akara called him and told him to go to the deceased’s house.
They went to the scene at the deceased’s house …