SAMWEL AMADI KANGAI V. REPUBLIC

JUDGMENT OF THE COURT

Musinga, J, sitting in the High Court at Kisii tried and convicted Samuel Amadi Kangai, hereinafter “the appellant”, on an Information that had charged him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the Information were that on the 16^th of January, 2006 at Nyagina area in Rusinga East Location of the then Suba District of the then Nyanza Province, the appellant murdered Linet Atieno, hereinafter “the deceased”. The appellant was, upon the conviction, duly sentenced to death. He now appeals to the Court against the conviction and sentence and since his appeal is a first appeal, it is our duty to re-evaluate and re-analyze the whole evidence placed before the trial Judge and reach our own conclusions in deciding whether or not the conviction recorded by the High Court is supportable. In doing so, we must bear in mind that while the trial Judge had the opportunity to see and hear the witnesses testify …