COSMAS MULWA KITULYA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Cosmas Mulwa Kitulya, an Administrative Police corporal deployed to provide security to Government build-ings at Kenyatta International Conference Center, was charged, convicted and sentenced to death by the High Court (Le-siit, J.) for two counts of murder. In the first count, the infor-mation stated that on 1st August 2010, at Boma Villa Bar in Syokimau Estate within Nairobi, the appellant murdered Charles Ngugi Jane (Ngugi). In the second count, it stated that on the same day and at the same place, he murdered Samuel Kipkoech Maiyo (Maiyo).

The prosecution anchored its case on the evidence of 10 wit-nesses whilst the appellant gave an unsworn defence and called no witnesses. The trial court invoked section 150 of the Criminal Procedure Code and summoned 4 other witnesses. The sub-stance of the prosecution case was as follows.

On the material day, at about 2.00 pm the appellant, his lover Phyllis Kajuju (PW9) and Ngugi went to Boma Villa Bar and Res…