JUDGMENT OF THE COURT
On 30th March, 2006, Morris Mungathia Mugambi, the appellant, was convicted and sentenced to death on a charge of murder contrary to section 203 as read with section 204 of the Penal Code by the superior court (Sitati, J.) He was aggrieved and hence this appeal. In his home made Memorandum of Appeal he has raised five grounds of appeal, but at the hearing of the appeal, his counsel, James Nderi, with leave of the Court, put in a supplementary Memorandum of appeal, out of time, in substitution therefor. In that supplementary memorandum of appeal, he has raised three grounds of appeal, namely;
“(1) The Honourable trial Judge erred in fact and in law in convicting the appellant when there was no evidence of his capacity to stand trial.
(2) She erred in fact and law in failing to appreciate the role of the assessors in a murder trial.
(3) She erred in law and in fact in misdirecting herself on the evidence of the defence and shifting the burden of proof to the accused.”