<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The appellant, DAVID KIMANI NJOROGE , was convicted by the High Court (Rimita, J.) of the murder of his girl friend, MONICAH WANJIKU NGUGI , (deceased) between 1st and 6th June, 1992, at Susumua Dam in Nyandarua District of Central Province. He was sentenced to death, and has appealed against the conviction and sentence on five grounds in which he says the learned trial Judge erred in law and fact because:-</p><p class="ql-align-justify"><em>(1)he did not consider all the circumstances under which the cautionary statement was obtained e.g. the duration of time the appellant was in police custody before his statement was recorded;</em></p><p class="ql-align-justify"><em>(2)he relied on a retracted statement to convict the appellant in the absence of corroboration; (3)he concluded that the murder was premeditated when the evidence relating to malice aforethought was inconcrete;</em></p><p class="ql-align-justify"><em>(4)he did not consider the appellant&#x27;s defence and rejected the same which occasioned a miscarriage of justice;</em></p><p class="ql-align-justify"><em>(5)The fifth ground alleges that the learned trial Judge…</em></p>