JUDGMENT OF THE COURT
This is an appeal from the judgment of the High Court of Kenya at Kisumu (E. N. Maina, J.). On 16th January, 2009 the said court was informed that the appellants, Carilus Omondi Mboga and Rosemary Apondi Omondi had contrary to section 203 as read with section 204 of the Penal Code on 3rd January, 2009 at Bar Agulu sub-location in Siaya District within Nyanza province murdered Charles Ouma Onyango, “the deceased”. On 28th November, 2009 the appellant pleaded not guilty to the information and soon thereafter their trial ensued. The prosecution called a total of five witnesses in a bid to prove its case against the appellants. The brief facts of the prosecution case were as follows:
Alex Omondi Ouma, (PW1) was at home on 3rd January, 2009 at about 12:30pm with his father, the deceased, having lunch. The deceased then excused himself to go and get a bicycle to take him to Asembo. Whilst still in the house, he suddenly heard the deceased shouting that he was being beate…