A man who was sentenced to death over the murder and kidnapping of a British couple in Kiunga, Lamu, said he will appeal the ruling.

Ali Babitu Kololo, through his lawyer, said he will have to appeal against the seven year jail sentence after he was found guilty of kidnapping Judith Tebutt in September 2011. His lawyer, who did not wish to be named, confirmed they will move to Malindi High Court.

"We are waiting for certified copies of proceedings and the judgement, which are quite voluminous, for us to be able to file the appeal," said the lawyer.

He said an application for the defense to be provided with the certified copies of the documents, has been made at the Lamu court.

"We will have to look through all the evidence especially over how the Briton was slain, since thats the area we think can form the basis of the appeal. We shall have to look at the exhibits again, and go through all the documents for us to know how to file our case. I can confirm that we are definitely filing an appeal," he said.

The lawyer however said that the grounds of the appeal shall be revealed after perusing all the documents. He was charged with the murder of a British tourist David Tebutt, who was then 58, after he died in September 11th 2011, Kiwayu Safari Village in Kiunga, during the incident.

The prosecution had proved that the kidnappers, who are suspected pirates, went to the room where the couple were sleeping, and kidnapped the woman as they dragged along her husband, whom they later shot.

Judith, was released months later and before the trial was over, testified through video conferencing. The accused was sentenced before Lamu senior principal magistrate Johnstone Munguti but he had declared his innocence.

The magistrate, in his judgement, ruled that the accused will suffer death since all the evidence presented was circumstancial. The court however noted there was no direct evidence linking the suspect to the crime.

A total of 20 witnesses including an official from the forensic department-government pathologist, testified in the case. Several exhibits had earlier on been taken to Nairobi and abroad for investigations, and were returned before for case proceeded, according to the prosecutor.

The office of the Director of Public Prosecutions said that forensic evidence and exhibits that was to be used against the suspect in the case, had been flown to Britain.

The prosecution, led by Caleb Mutonyi, informed the court that there was vital forensic evidence, which include the cloths that had been put on by the suspect on the night of the incident, and others, that had to be investigated before the case commenced.

The evidence include a blood stained bed sheet, pillow cases, a net with bullet holes, a floor mat, a spent cartridge, and the head of a bullet, all recovered at the crime scene.

An investigations officer, Corporal Wycliffe Otando, said on that fateful night, Babito wore a wet tracksuit and was nervous when arrested. "That is why he was linked him to the group that had been involved in the abduction and murder. He worked in the couple's hotel between July and October 2010," Otando had said.

The suspect's application to have his Sh800,000 bond reduced was rejected since the court noted that he was facing a serious offence.

Babito was charged with two counts of robbery with violence charges, and that of kidnapping in order to murder, both of which he had denied. The kidnapping and murder took place in September 10 and 11 2011, at Kiwayu Safari Village in Kiunga. He is also accused of robbing the woman's hand bag, two British national passport, number 306329161, and 50159498 and an unknown amount of money. He is accused of shooting David Tebbut during the robbery.

A second charge is that of kidnapping the woman, in which he was accused that on 10th and 11 night of September, at Kiiwayu Safari Village, with others not before court, he kidnapped Judith, a British national, in order that tshe may be disposed off since she was a witness to the murder.