JUDGMENT OF THE COURT
The appeal before us was argued on two grounds summarized by learned counsel for the appellant, Mr. Moses Orengo, from a memorandum of appeal filed on 16th June, 2005 and a supplementary memorandum of appeal filed on 28th November, 2005 as follows: -
1) That the whole trial was a nullity and a travesty of justice.
2) That the appellant’s confessionary statement was wrongly admitted in evidence.
It is an appeal against the conviction of the appellant for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Upon his conviction on 29th June, 2001, the appellant was sentenced to death. We shall return to the grounds of appeal presently.
At about 7.30 a.m. on 22nd June, 1999, the body of Bernard Khayimba Likhanga (the deceased) was found in a coffee plantation belonging to Mukumu Mission, in Kakamega. Brother William Oursborn (PW14), a Dutch missionary in-charge of the farm, was informed by farm workers about it and he reported the matt…