On November 14, 1984 the High Court (Butler-Sloss J) convicted the appellant Benson Nguny Ndungu of the offence of murder contrary to section 203 as read with section 204 of the Penal Code (cap 63) and sentenced him to suffer death in the manner authorized by law. Not surprisingly on September 13, 1985 he appealed to this court against the conviction and sentence by submitting his own supplementary memorandum of appeal which was abandoned by his Advocate, Mr Kamunge, who based the appeal on the following grounds :
1. The Honourable learned trial judge erred in law and in fact in that he failed to appreciate and ascertain the proximate cause of death of the deceased.
2. The Honourable learned trial judge erred in law and in fact in that he accepted the evidence of the prosecution witnesses on identification at night wholesomely without warning himself of the danger of such identification.
3. The Honourable learned trial judge erred in law in that he admitted inadmissible evidence…