DICKSON MBEYA MARENDE ALIAS DICKIE & ROBERT KOGI MWANGI ALIAS KOGIE V. REPUBLIC

JUDGMENT OF THE COURT

1. This is a first appeal from the original conviction and sentence of the appellants by the High Court (Muchemi, J.) on 12^th February, 2015. The appellants were jointly charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on 6^th October, 2011 at Huruma Ngei II Estate within Nairobi County, the appellants murdered Dennis Mwenda Wepukhulu, hereinafter referred to as “the deceased”.

2. The prosecution evidence briefly stated was that on the material day at about 11.00 a.m, the deceased was at his home at Huruma Ngei II Estate together with one Peter Mukoto Nyakairu (now deceased), when the deceased was attacked by the appellants.

3. Jeff Ojiambo Kizito, PW2, was the only eye witnesses who testified. He told the trial court that on the material day at about 10 a.m, he returned to his room to pick something. The room was on the 3^rd floor of a 5 storey building that overlooks the b…