The Appellant, charged with and convicted of the offence of
murder, appealed against both conviction and sentence. The trial court based
its conviction on the fact that the Appellant was found in possession of stolen
property a few hours after the deceased was killed. And, it was established
that the cows stolen were the ones the deceased Yohana Mbaigwa took out for
grazing. The Appellant testified that on 23rd September, 2003 at
6.00 a.m. in the morning he was at the house of his brother Lameck Mbaigwa who
he was visiting at Nduga Village. Two persons Mrema Mmang’ati and Limbau went
over to him and asked him to drive five head of cattle they had with them to
Laiseri cattle auction. The Appellant alleged that he reduced the agreement to
drive the cattle to the auction mart in writing.