JUDGMENT OF THE COURT
Martin Kimeu, the appellant, then a police constable was on 30th January, 1997 arraigned before the superior court (Etyang J) on an information alleging that on the night of 26th and 27th November, 1995, at Jamhuri Police Post within Nairobi area he murdered Kennedy Omondi Omole, the deceased, contrary to section 203 as read with section 204 of the Penal Code. Following his denial of the charge, he was later tried with the aid of assessors, was found guilty, and was thereafter convicted as charged and sentenced to the mandatory death sentence for the offence. In the present appeal he has challenged both the conviction and sentence. The appellant has proffered five grounds in support of his appeal, namely:
“(1) That the learned trial Judge erred in failing to appreciate that there was variance between the particulars of the charge and the evidence regarding the date the offence regarding the date the offence was committed.
(2) That the learned trial Judge erred in l…