AMOS CHANGALWA JUMA V. REPUBLIC

JUDGMENT OF THE COURT

AMOS CHANGALWA JUMA, the appellant herein, was tried by the High Court of Kenya at Bungoma (Sergon, J.) with the aid of assessors (as the law then provided) on information which 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 16^th day of December, 2000 at Sanadiki Village, Chwele Sub-Location, Chwele Location of Bungoma District within Western Province, the appellant murdered ELIJAH NANGATA KILISWA (the deceased).

The trial of the appellant in the superior court commenced on 26^th February, 2004 when three prosecution witnesses testified. These were Rogers Famba Nyongesa (PW1), Gideon Kiliswa Nambaka (PW2) and Catherine Nangata (PW3).

Nyongesa (PW1) who was an employee of the deceased testified that on 2^nd August, 2000 he witnessed the appellant who was armed with a short axe attack the deceased. This witness told the trial court that the appellant cut the deceas…