JUDGMENT
The appellant, RKB faced a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. In the information, it was alleged that on May 23, 2005at Antibankai village, Atimba Sub-location in Meru North District of the then Eastern Province, he murdered Joseph Murungi M’Ikiara.
The trial was initially conducted by Sitati, J. (now retired) and partly heard by Ouko,J (now SCJ). However, on July 18, 2012, Lesiit, J. (now JOA) ordered that the case be heard de novo. Subsequently, on May 30, 2013, the appellant was found guilty of the offence of murder. Further, the court found that the appellant’s age was “not clearly known” and sentenced him to serve at the President’s pleasure. The appellant was dissatisfied with the said outcome, hence this appeal.
In an undated homegrown Memorandum of Appeal, the appellant listed eight (8) grounds of appeal of which we shall advert to later in this judgment.
On November 9, 2021, the appeal came before us for plenary hearing. …