IN THE COURT OF APPEAL
AT NYERI
( Coram: Madan, Wambuzi and Law JJA )
CRIMINAL APPEAL NO. 24 OF 1978
BETWEEN
NDIBA.....................................................................APPELLANT
AND
REPUBLIC..........................................................RESPONDENT
JUDGMENT
The appellant was convicted of the murders of one Mtigiri Ole Lankata by the High Court (Hancox J) and was sentenced to death. He has now appealed to this Court against that conviction.
It is not disputed that the deceased died of stab wounds in the chest inflicted on him during a raid on the manyatta in which he lived in the course of which about 180 head of cattle were stolen by a gang of people. The stolen cattle belonged to three different people.
The evidence against the appellant is two fold. First it was alleged that he was arrested on the night of the raid by Aboto Namili (PW 7) a grazing guard on duty at Chumve some five miles from the manyatta whilst he and another person were driving some twenty five head o…