<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The Appellant was on 5th December, 1997 convicted by the superior court on two counts of the murder of MARY MBOLUA aged about 71⁄2 months and ELIZABETH NDITI aged about 41⁄2 years contrary to section 204 of the Penal Code . He was on the same day sentenced to suffer death in the manner authorized by law in respect of the murder of ELIZABETH NDITI but no sentence was passed in regard to the murder of MARY MBOLUA . It is against that conviction and sentence that he now appeals to this TChoeu rta.ppellant&#x27;s defence to the two counts of murder referred to above was encapsulated in his unsworn statement in the superior court which latter read as follows:</p><p class="ql-align-justify">&quot;I remember on 15/9/91 my father sent me to go to my stepbrother, Elijah Kitavi. He sent me to collect money from him which my step-brother had sold a cow on behalf of my father. My father was sick and he wanted to go to the hospital. At around 2.00 p.m., I went to my step-brother&#x27;s home. I did not find him at home and …</p>