SIMON NGOMORO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant Simon Ngomolo alias Lochi Achilon appeals against his conviction and the sentence of death imposed by the High Court at Meru (Lesiit J), given on 2^nd February 2012 for the murder on 7^th February 2008, of Marko Ebonyo (deceased) at Maili Tano in Isiolo District.

The prosecution case as mounted through nine witnesses was that on the material day at about 5 pm, the appellant and the deceased were walking along a village path quarrelling loudly. They walked in the direction of two friends Peter Emuria Ater (Peter) and John Longeritoe (John). All were very well known to each other physically, by name and nickname being neighbours in the village. Moreover, the appellant is Peter’s cousin. As they approached each other the appellant suddenly made a grab for the knife that Peter wore on his waist, as appears to have been common in that village. A struggle ensued in which the appellant prevailed and took the knife. In the course of the struggle for the knife, …