PAUL KOKWONY V. REPUBLIC

JUDGMENT OF THE COURT

The appellant Paul Kokwony was convicted of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death, such sentence being the only mandatory punishment provided under the law. He now comes to this Court appealing against that conviction and sentence by High Court (Ondeyo, J.). There were originally three grounds of appeal but when the appeal came up for hearing before us on 19th February, 2001, Mr. Mbugua for the appellant decided to argue only the first ground of appeal which stated as follows:

"(1)The trial Judge erred in law in finding that there was sufficient evidence to convict the accused in view of the defence of provocation which was raised by the appellant."

The facts of this appeal were not in dispute since the appellant himself gave a detailed confessionary statement which was admitted in evidence in the superior court without objection. Indeed, prosecution case was based mainly on the evidence of Jennifer Kokwony …