<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify"><em> CHAKA TSUMA CHAKA</em> (the appellant) was charged with and convicted of murder contrary to section 203 as read with section 204 of the Penal Code , the particulars of the charge being that on the 8th day of January, 1996, at Mbande village, Matumbi sub-location, in Kwale District within the Coast Province, he murdered <em>Bendoro Kaziya Chondo</em> . He has now appealed against his conviction and sentence.</p><p class="ql-align-justify">The appellant has set down in a supplementary memorandum of appeal 5 grounds and the complaint in ground 5 is that the trial was a nullity because it was conducted in a language he did not understand. The appellant made several appearances in the superior court before his plea was taken. On 5.5.97 he was finally taken before Waki J for plea. The record shows that there was a clerk called Tinga, a State Counsel called Mrs. Mwangi and Mr. Obara, an advocate, who appeared for the appellant. The record shows that the appellant denied the charge and a plea of not guilty was enter…</p>