WILSON WANJALA MKENDESHWO V. REPUBLIC

JUDGMENT OF THE COURT

Following his trial with the aid of assessors, for the offence of murder contrary to section 203 as read with section 204 of the Penal Code, respectively, Wilson Wanjala Mkendeshwo alias Wilson Wanjala Mukendabwa, the appellant was found guilty, convicted and sentenced to the mandatory death penalty for that offence, whose particulars alleged thus;

“Wilson Wanjala Mukendabwa, on the 13th day of September, 1997 at Agricultural Development Corporation Farm Sabwani in Trans-Nzoia District of the Rift Valley Province, Murdered Electina Nanjala.”

The appellant was aggrieved and hence the present appeal. Five grounds have been preferred in support of the Appeal, namely:

(1) No exhibits were found in the appellant’s possession.

(2) The appellant’s alibi defence was improperly rejected by the trial judge who improperly shifted the burden of proving the same to him.

(3) The learned trial Judge erred in law when she failed to find that the appellant’s case was not investigated a…