JUDGMENT OF THE COURT
[1] This appeal arises from a shooting incident in which the appellant Joseph Lesire Chekem allegedly shot and killed Alois Gachau Mwichuhie (deceased). The deceased was at the material time the District Officer of Nyatike Division in the former Migori District. The appellant was tried and convicted by the High Court (Sitati, J) of the offence of murder contrary to section 203 as read with section 204 of the Penal Code. He was sentenced to suffer death.
[2] The appellant’s trial commenced before Kaburu Bauni, Ag Judge on 24th September 2004 when he took his plea. Subsequently Bauni J heard the evidence of nine (9) prosecution witnesses. Although it is not reflected on the record, it is within our knowledge that Bauni J died sometime in 2010. On 24th April 2010, the hearing started de novo before Musinga J who heard the evidence of two witnesses before proceeding on transfer. Thereafter, Makhandia J took over the matter and heard further evidence from ten prosecutio…