JUDGMENT
This is an appeal by Thabit Jamaldin Yahya (Appellant) against the conviction and sentence for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence he faced were:
“On the 15th day of May, 2012 at Bella Vista Hotel Mombasa County, jointly with others not before the court, murdered Mary Cheptirim.”
After the trial, the Appellant was found guilty and convicted of the offence. He was sentenced to suffer death as by law provided.
Being aggrieved by the conviction and sentence he filed this appeal. In his memorandum of appeal he raises nine grounds of appeal in which he challenges the learned judge’s findings on basis of relying on discredited dock identification; relying on disjointed and discredited DNA evidence; relying on extraneous information to associate the Appellant with terrorism activities and for declaring the attack a terrorist attack devoid of any evidence; relying on testimonial hearsay evidence; convict…