JUDGMENT OF THE COURT
Following his trial and conviction on a charge of murder contrary to section 203 as read with section 204 of the Penal Code Kenga Foto Mangi , the appellant hereinafter, appeals to this Court for the first time against the said conviction and the consequent sentence of death imposed upon him. The appeal being a first one to the Court, the appellant is entitled to expect of us a fresh re-evaluation and reassessment of the evidence upon which he was convicted and sentenced. His trial took place before Ouko, Ag. J as he then was, sitting with assessors at Malindi High Court. The three assessors unanimously passed a verdict of guilty on the charge brought against the appellant. The particulars contained in the Information charging the appellant with murder were that on the 29th day of May, 2002 at Kaembeni village, Mwahera Location of Kilifi District of the Coast Province, the appellant murdered Ndunda Mutia Mbiti, hereinafter, the deceased.
From the recorded evidence,…