<p class="ql-align-center">JUDGEMENT OF THE COURT</p><p class="ql-align-justify">The appellant Bonface Olunga was charged at the High Court of Kenya, Kakamega, with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the offence were that the appellant murdered Wycliffe Olunga at Sirigoi village, Sirigoi sub-location in Kakamega between 23^rd and 25^th August, 2006. The trial started before G. B. M. Kariuki, J (as he then was) who took a plea; thereafter F. A. Ochieng, J took the evidence of three witnesses; then S. J. Chitembwe J, also heard three witnesses which led to closure of the prosecution case but the defence case was heard by a 4^th Judge, Justice I. Lenaola, who convicted the appellant and sentenced him to death. Those findings provoked this first appeal and it is our duty to re-evaluate the evidence and make our own conclusions. In the oft- cited case of Okeno v. Republic [1972] EA 32 at 36 the predecessor of this Court stated on the duty of the Court on a first appeal such as this…</p>