JUDGMENT OF THE COURT
Samuel Ngugi Ndunguri, the appellant, was convicted after a trial, of murder contrary to section 203 as read with section 204 of the Penal Code, and was thereafter sentenced to the mandatory death sentence. His conviction was based solely on circumstantial evidence, which evidence, according to the authorities, must point irrestibly to the guilt of the accused and exclude any other reasonable hypothesis than that of guilt, and also, exclude co-existing circumstances which tend to weaken or destroy such inference (Musoke v. R. 1958 EA).
The deceased in the case, Francis K. Githinji, a resident of Gathuya Village, Kiambu, was killed between the period 18th July, 1990 to 25th July, 1990, and his body was thrown into a latrine which was within the appellant's homestead. It was then covered with some soil. It was recovered from there on 25th July, 1990, along with a crowbar, which apparently was the murder weapon. The deceased was last seen alive on 18th July, 1990, whe…