JAPHET MORARA V. REPULIC

JUDGMENT OF THE COURT

[1] Japhet Morara, who is the appellant before us, was tried and convicted by the High Court (Musinga J), for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. He was sentenced to death and has now appealed against his conviction and sentence.

[2] In his petition of appeal drawn by his advocate Mabale Bagada, eight (8) grounds have been raised. The appellant faults the learned judge of the High Court; for failing to make a determination that the rights of the appellant to fair trial had been violated; in making a finding that malice aforethought had been proved by the prosecution; in making a finding that the prosecution had established circumstantial evidence linking the appellant to the murder of the deceased; in making a finding that the appellant had admitted the facts of the case to the prosecution witnesses; in making a finding that the appellant’s actions of not going to the home of the deceased and running away amount…