JOSEPH MUSYOKA KITHEKA V. REPUBLIC

JUDGMENT

1. Joseph Musyoka Kitheka, the appellant, was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on the 5th day of July, 2008 at about 2 p.m. at Thua Location, Ngungi Sub Location, Nguuni Village, within Kitui County, he murdered James Kitheka (the deceased).

2. After hearing the case, and finding that the charge was proved to the required standard, the High Court convicted and sentenced the appellant to death as by law prescribed. Dissatisfied with that decision, the appellant has appealed to this Court against the High Court’s decision.

3. When the appeal came up before us on a virtual platform owing to the Covid 19 Pandemic, learned counsel for the appellant, Mr. Ong’anya submitted that he would be relying solely on the grounds set out in the supplementary memorandum of appeal, which were in relation to the appellant’s sentence. He submitted that the trial court sentenced the appellant to death…