JOHN AMBIA KHARISYA V. REPUBLIC

JUDGMENT OF THE COURT

[1] The appellant was convicted by the High Court at Kakamega (Sitati, J) for the offence of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to 40 years imprisonment. His appeal is against the conviction and sentence.

[2] The charge stated that on 21^st February, 2009 the appellant murdered Caroline Andeka. Four witnesses gave evidence at the trial in support of the charge namely; Dr. Dickson Mchana Mwaludindi (PW1), (Dr. Dickson Mchana) who produced the postmortem report on the body of the deceased performed on 24^th February, 2009, I.P Moses Kimong’o (PW2) an administration police inspector, Cpl. Danson Mwasho (PW3) of Kakamega Police Station and PC Peter Kebenei (PW4), a scenes of crime officer at Kakamega.

[3] The evidence of IP Moses Kimong’o was that on 20^th February, 2009 at 1.30 a.m. he got a report that a man had cut his wife at the neck. He proceeded to the scene; that he found the deceased’s body lying on a bed; that …