JUDGMENT OF THE COURT
The appellant was convicted by Honourable Lady Justice Lesiit of the offence of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death. The appellant had appealed to this Court against conviction and sentence. He filed a memorandum of appeal in person, which shows that this appeal is against the entire decision of the High Court. However, Mr. McRonald, upon appointment as counsel for the appellant, filed a supplementary memorandum of appeal containing eight grounds of appeal which he relied on during the appeal.
At the trial, the prosecution called a total of eight witnesses. PW1, who was the appellant’s neighbour, testified that she heard Wairimu, sister to the appellant, screaming and when she came out of the bathroom, found the appellant and his sister Wairimu fighting. As the two fought, the deceased came from the neighbouring plot to fetch water and found the two still fighting. PW 1 also testified that the deceased to…