<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">1. Moses Murithi Ikamati was charged with murder contrary to <em>Section 203</em> as read with <em>Section 204</em> of the <em>Penal Code (Cap 63 of the Laws of Kenya)</em>. The Information is that on 25^th day of September, 2010 at Thinyaine Location in Tigania West District within Eastern Province murdered Michael Mwenda. The appellant was tried, convicted and sentenced to death by the Honourable Justice Lessit of the High Court sitting at Meru. Aggrieved by the conviction and sentence, he has lodged this first appeal.</p><p class="ql-align-justify">2. The key prosecution witnesses were PW1, PW2 and PW3. PW1 Jackson Maore testified as follows:</p><p class="ql-align-justify"><em>“In 2010, I used to operate a bar; it was a popular wines and spirits bar. I remember 25</em><em>^th</em><em> September, 2010. It was evening at 8.00 pm; two people were quarrelling; they were Mosses and Michael (deceased). Michael asked Mosses “are you still holding what you said that you and your mother will kill me?”. Then Mosses told him, “You will know who I am”. Moses left the bar and then retur…</em></p>