JUDGMENT OF THE COURT
1. This is an appeal by Titus Musyoka (appellant), against the conviction and sentence by the High Court sitting in Kajiado (R. Nyakundi, J.) for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Being a first appeal, as envisaged under Section 379 of the Criminal Procedure Code and in conformity with Okeno v. R (1972) EA 32, this Court is enjoined to subject the entire evidence tendered before the Court to a fresh examination and come up with its own conclusions with the usual caveat that unlike the trial court, we do not have the advantage of having seen the witnesses as they testified and we must therefore give allowance for that. Therefore, it is paramount for us to summarize the events leading to appellant’s arrest and arraignment in court.
2. The facts of this case reveal that the appellant was well known to the deceased, Shoilla Ngina Kaniki as they were lovers. On the fateful night of 13th September, 2011 at or about …