JUDGMENT OF THE COURT
Background
1. This is an appeal against the conviction and sentence by the High Court (Lenaola, J.) in which the High Court convicted Simon Shisukane (the appellant) for the offence of murder and sentenced him to death.
2. The appellant was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on 11th September, 2003 at Lunyu sub location in Kakamega District of the then Western province he murdered Milda Khaluya (the deceased).
3. In a trial partly conducted by Ochieng, J and Chitembwe, J, and concluded by Lenaola, J (as he then was) the appellant was found guilty of murder and sentenced to death as the law then prescribed.
4. Aggrieved by the decision of the High Court, the appellant filed the present appeal in which he raised two grounds of appeal to wit, that the learned trial judge misdirected himself in law and in fact in finding as he did, a conviction against the weight o…