JUDGMENT OF THE COURT
[1] The appellant, Peterson Muthee Muranga, (the appellant), was charged with murder contrary to section 203 as read with section 204 of the Penal Code, (Cap 63 of the Laws of Kenya). The information was that on the 5th day of September, 2010, at Chirigwe village, Thigaa Sub-location, Maara District within the then Eastern Province, he murdered Dennis Mutegi Kea, (the deceased). The appellant was tried, convicted and sentenced to death by the High Court, (Hon. Lady Justice Lessit, J.), sitting at Meru. Aggrieved by the conviction and sentence, the appellant has lodged this appeal before us.
[2] The Prosecution's case was that on 5th September, 2010, at about 7 p.m., Karen Kambura Mutegi, (PW 1), (Karen), got a note of Kshs. 500 from the deceased, (who was her husband), and went to a nearby kiosk to buy 1⁄4 Kg of sugar which then cost Kshs. 25. She found the appellant at the kiosk and gave him the Kshs. 500 for the 1⁄4 Kg of sugar. When she demanded her change of Ks…