JUDGMENT
Vincent Maghanga Mwasigwa, the Appellant herein, was one of three accused persons charged with the murder on 21st May 2015 of Paul Righa Mwakoshi (hereinafter “the Deceased”), at Bura Mission area in Mwatate sub-county within Taita Taveta County. The Appellant was convicted of the said offence and sentenced to death after a trial in the High Court.
The prosecution called six witnesses during the trial. The first witness (PW1) was, Dr. Nashat Fadhloon, the Deputy Medical Superintendent at Moi County Referral Hospital Voi, who performed a post mortem on the Deceased on 25th May 2015. PW1 produced a post mortem report dated 25th May 2015, and testified that date of death was 22nd May 2015, and that the Deceased’s face was burnt beyond recognition; both his upper and lower limbs had 4th degree burns and no fractures were identified. Further, that no internal examination was done, as he formed the opinion that the cause of death was asphyxia (suffocation) secondary to the 4th degree…