JUDGMENT OF THE COURT
1. The appellant herein was tried and convicted by the High Court sitting in Meru (Lesiit, J.) for the offence of murder contrary to section 203 as read with section 204 of the Penal Code and was sentenced to death. It was alleged in the Information filed by the Attorney General at the time, that on the 6th day of August, 2008, at Naathu location of Igembe District, he murdered David Mwiti (deceased). The evidence considered by the trial court came from eight witnesses including the appellant who gave sworn testimony.
2. As this is a first appeal, the appellant is entitled to expect the evidence tendered before the trial court to be subjected to a fresh and exhaustive examination and to have this Court’s decision on that evidence. Necessary allowance should however be given that this Court, unlike the trial court, did not have the advantage of seeing or hearing the witnesses. See Okeno v. Republic (1972) E. A 32 and Mwangi v. Republic (2006) 2 KLR 28. In the case o…