<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>The appellant,<em> George Ngugi Mungai </em>, a clerk at CID Headquarters Nairobi, was arraigned before the High Court at Nyeri (Juma, J.), on two counts of murder contrary to <em>Section 203</em> as read with <em>Section 204 of the Penal Code</em> , and after his trial with the aid of assessors, was found guilty as charged and was thereafter sentenced to suffer death. The trial Judge did not, however, indicate whether the sentence was on one or both counts. We would, however, wish to observe that where, as here, an accused person faces two or more capital charges and he is convicted on at least two of them, it is desirable and indeed essential that the trial court passes sentence on one and leaves the issue of sentence in the remaining count or counts in abeyance. We, however, hasten to add that the manner in which the learned trial Judge proceeded to sentence the appellant has not occasioned any discernible prejudice.</p><p>In the appeal before us, the appellant challenges his conviction in the …</p>