JACKSON MAINGI NZIOKA V. REPUBLIC

JUDGMENT OF THE COURT

On 5^th February 2010, the High Court of Kenya at Nairobi found the appellant, JACKSON MAINGI NZIOKA, guilty of murder contrary to section 203 as read with 204 of the Penal Code, Chapter 63 of the Laws of Kenya. He was convicted and sentenced to death, and being aggrieved by the conviction and sentence, he filed the present appeal, raising the grounds contained in the supplementary memorandum of appeal dated 14^th June 2013 to wit:

“1. The learned judge of the High Court erred in law in the sentencing and convicting the appellant in the absence of vital eye witness and also not taking into consideration section 124 of the Evidence Act;

2. The learned judge of the High Court erred in law in convicting and sentencing the appellant based on circumstantial evidence;

3. The learned judge of the High Court erred in law in convicting and sentencing the Appellant without proof by the prosecution beyond reasonable doubt contrary to section 108 of the Evidence Act, Cap 80 of the…