DAVID AGWATA ACHIRA V. REPUBLIC

JUDGMENT

The appellant, David Agwata Achira, was convicted by Wambilyanga J, sitting with assessors at the High Court of Kenya, Kisii, of the offence of murder contrary to section 203 and 204 of the Penal Code and sentenced to death as prescribed by the law. The particulars of the offence stated that the appellant murdered one John Nyambati Nyarusa on 12 day of August, 1999 at Bokiambori sub location in Nyamira District.

He appeals to this Court on the grounds contained in the memorandum of appeal filed by the appellant personally and in the supplementary memorandum of appeal filed by Mr L G Menezes, the appellant’s counsel.

On 12th August, 1999 Elizaphan Nyatika Ateyi (PW2) (hereinafter referred to as Elizaphan) arrived at his home from a meeting at about 4 pm. He was in the company of Henry Osoro (PW8) (hereinafter referred to as Henry), Osea Ateyi, (PW7) John Nyambati Nyarusa (deceased) and David Agwata Achira alias “Councillor”, the appellant herein. It started raining and the four p…