<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">This first appeal arises from the conviction of the appellant, <em>Mangale Sombo Mricheni</em>, of the offence of murder contrary to <em>section 204 of the Penal Code</em> by the High Court in Mombasa <em>(Odero, J)</em> on 17^th November, 2011. Upon conviction the appellant was sentenced to death. The particulars of the charge as laid out in the information were that on 7^th March, 2007, at Mtumwa Village, Mwereni Location, Msambweni District within Coast Province, the appellant murdered <em>Chibuta Mwachilungo (deceased).</em></p><p class="ql-align-justify">The rather tragic background to the commission of the offence was an allegation by two fellow villagers of the deceased<em>, Chaka Nyondo</em> and <em>Mwatsuma Nyonda</em> that he was a witch. That accusation was made about three days prior to the death of the deceased. To prove otherwise and absolve him from the charge that he was a witch, the deceased submitted himself to a <em>Duruma</em> traditional oath conducted by a witchdoctor at a place called Msamani. As it turned out, the oath allegedly confir…</p>