JUDGMENT OF THE COURT
This is the first and last appeal by Henry Collins Odhiambo Ombee who was convicted by the superior court, Tanui J, for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Upon his conviction he was sentenced to suffer death which is the only sentence provided by law. It had been alleged in an information filed by the Attorney General that the appellant did on 25th March 2002 at Kanyidet Sublocation, South West Gem Location of Siaya District in Nyanza Province, murder Jerusha Matiku (“the deceased”) As it is a first appeal, the appellant is entitled to expect from us that we shall subject the evidence on record to a fresh and exhaustive examination, weigh conflicting evidence, and ultimately make our own findings and draw our own conclusions in the matter. Any questions of law raised on appeal must also be dealt with. We must nevertheless remember, and make allowance for it, that we did not have the advantage of hearing and se…