PITALIS OLAL MAMBIA V. REPUBLIC

JUDGMENT OF GICHERU, J.A.

Pitalis Olal Mambia, the appellant, was convicted of murder contrary to section 204 of the Penal Code by the superior court. He was sentenced to suffer death in the manner authorised by law. He now appeals to this court against that conviction and has put forward 7 grounds of appeal. According to his counsel, of these grounds, only grounds 2 and 7 are of substance. They are:

"2.That the learned trial judge erred in law in his findings and convicted the appellant on the charge of murder without going into the appellant's mental status as per the evidence of P.W.1."

"7The learned trial judge erred in law in his judgment which was based on the prosecution evidence which evidence was not proved on the standard required in criminal law."

Counsel argued these two grounds only.

As regards ground 2 of appeal, counsel submitted that the appellant should have been subjected to psychiatric examination, his having not raised the defence of insanity notwithstanding. Indeed, ac…