JUDGMENT OF THE COURT
GEORGE OCHIENG OMONDI, hereinafter referred to as “the appellant” together with JOEL AWUOCHE and JULIUS WERE, were jointly charged with the murder of JOSEPH OKOTH, hereinafter referred to as “the deceased”.
The offence was committed on 16th March, 2003, within the precincts of St Peter’s Church, Legio Maria of African Church Mission, Dandora, Nairobi; hereinafter referred to as “the church”.
After a full trial before the High Court, [Rawal, J. as she then was], only the appellant was found guilty. He was duly convicted and sentenced to death.
Being dissatisfied with the said conviction and sentence, the appellant preferred an appeal to this Court. This being the first appellate court, it is duty bound to examine and re-evaluate the evidence on record and arrive at its own conclusion, bearing in mind, however, that unlike the trial court, it had not seen and heard the witnesses. See OKENO v. REPUBLIC, [1972] EA 32.
The background to the commission of the said offence i…