GERISHON KUBAI MWITHIA V. REPUBLIC

JUDGMENT OF THE COURT

Life is sacrosanct. The appellant, Gerishon Kubai Mwithia was charged with murder; an alibi was raised in defence and in submission, counsel for the appellant alleged that it was a hide and seek game and in any event, the identification of the appellant as the perpetrator of the crime was not free from error as there were trees near the scene and he could not properly be identified.

The Information is that Gerishon Kubai Mwithia on 2^nd February 2005 at Athiru Gaiti Location in Meru North District within Eastern Province he murdered Jeremiah Mwithia. There were two eye witnesses to the crime. The trial was conducted with the aid and assistance of assessors. The trial Judge convicted the appellant and sentenced him to death as by law prescribed. The key issues in this appeal relate to identification by the two eye witnesses and the legality of proceedings conducted with the aid of assessors.

PW1, Joshua Musyoka testified that on 2^nd February, 2005 at about 4.00 pm on …