JUDGMENT OF THE COURT
Though Mr. Gumo, the learned Deputy Public Prosecutor, asked us to order a retrial in this matter and Mr. Otieno for the appellant did not seem to seriously oppose Mr. Gumo’s request, we do not think that it would be fair to the appellant to make an order for retrial. The appellant was tried and convicted on an information that charged him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the information were that on the 12th day of July, 2003 at Mavoko sub-location in Nyamira District the appellant murdered Richard Onsongo.
The trial of the appellant opened before the late Kaburu Bauni, J on 25th October, 2005. The learned Judge sat with three assessors and he heard all the eleven witnesses called by the prosecution in support of its case. After listening to the submissions of the appellant’s then advocate Mr. Gekonge, on whether the appellant had a case to answer on the charge of murder, the learned Judg…