JACKSON NAMUNYA TALI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was tried, convicted and sentenced by the High Court sitting in Nairobi (Ombija, J.) for the offence of Murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged in the Information filed by the Attorney General on 13^th August, 2009 that on the 27^th day of July 2009 at Gachie Market of Kihara location in Kiambu, he murdered Christine Atieno (deceased). After hearing eight prosecution witnesses and the appellant in his defence, the trial court convicted him as charged and sentenced him to death.

As this is a first appeal, the appellant expects of us that we shall subject the evidence on record to fresh and exhaustive re-evaluation in order to arrive at our own conclusions. As we do so, we must recall, and give allowance for it, that the trial court had the advantage of hearing and seeing the witnesses and was therefore a better judge on credibility. See Okeno v. R [1972] EA. 32, and David Njuguna Wairimu v. Republic [2010…