<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>JULIUS KARISA CHARO, the appellant, was after trial convicted of murder and sentenced to death by the High Court of Kenya at Malindi (Ouko, J.) on 6^th February, 2006. According to the information filed by the Attorney General on behalf of the Republic, the appellant on 12^th June, 2001 at Mkunguni Village in Malindi Location within Malindi District of the Coast Province murdered Peters Peter Karel Johan, a Belgian tourist. He shall be referred to hereinafter as “the deceased”.</p><p>The facts of the case so far as can be discerned from the evidence tendered in the trial court are simple and we narrate them. The deceased first came to Kenya in 1998 and visited Malindi where he met the appellant, a diver in one of the clubs within the beaches of Malindi. They became friends from that period and when the deceased returned home the two exchanged letters and post cards. The deceased again visited the appellant at his village on 11^th June, 2001, but missed him. The following da…</p>