JUDGMENT OF THE COURT
The appellant, SGT, was convicted by the superior court (Kimaru, J) for the offence of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death. He appeals against both conviction and sentence.
The particulars of the offence alleged that on the night of the 27th October, 2004 at Nairegia Enkare Trading Centre, the appellant murdered Keronya Tanyasis, hereinafter, “the deceased”. According to the prosecution case, the deceased went to have a drink at the Tosheka Bar at the aforesaid trading centre. He had been drinking beer with his friends in the said bar from about 3.00 p.m. on that day. His friends left at about 7.30 p.m., leaving him to drink alone. Just then the appellant arrived. He danced a little, and then went upto the deceased and demanded that the deceased buy him a beer. A quarrel ensued, and soon thereafter the deceased picked his glass of beer and dropped its contents onto the appellant. There was some contradict…