JUDGMENT OF THE COURT
Robert Simiyu, the appellant herein, was tried before Muga Apondi, J sitting with assessors, on an Information that charged him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the information were that on the 26th February, 2002 at Lelongo village, North Enkare in Narok District of the Rift Valley Province he unlawfully murdered Dickson Wafula. In support of the charge, the prosecution called a total of nine witnesses at the end of which the appellant was found to have a case to answer and put on his defence. The appellant gave sworn evidence and at the end of it all, the learned trial judge summed-up the case for the two assessors (one of them having been discharged previously) who unanimously returned a verdict of not guilty against the appellant. However, by his judgment dated and delivered on 24th November, 2006, the learned Judge found the appellant guilty of murder and duly sentenced him to death.…