JUDGMENT
This is a very strange case indeed.
The appellants were convicted of murder contrary to section 203 as read with section 204 of the Penal Code, in that on the 9th September, 1987 at Majengo King’orani in the Mombasa District they jointly murdered Dzombo Dol Dzombo.
It is not in dispute that the first appellant killed his deceased father by stabbing him. The first appellant, Chivatsi Dzombo Chivatsi, a son of the deceased, told the trial court that he had a heated argument with his late father who took out a knife, brandished it against him and cut the appellant on the head. This appellant then grabbed the knife and fatally stabbed the deceased.
The version of Mtengo Chai, the other appellant, is that he and the other appellant went to see the deceased at Mombasa. The deceased told them he had killed the appellant’s mother and uncle through witchcraft and would kill other people in the village in the same way. A struggle ensued and the deceased used a knife to injure Mtengo Chai’s…