JUDGMENT OF THE COURT
Musinga, J sitting in the High Court of Kenya at Kisii, tried and convicted Geoffrey Manoti Obaigwa, the appellant herein, on an Information that had charged the appellant with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the Information were that on the 15th day of December, 2007 at Omonono sub-location in Nyamira District of the Nyanza Province, the appellant murdered Charles Ocharo, hereinafter “the deceased”.
A total of five witnesses testified on behalf of the Republic, but the evidence relevant to the charge was really that of Dr. Michael Dulo (PW1), Joseph Okiema Mose, (PW2) and Richard Momanyi Samoita (PW3). Joseph alleged he saw the appellant fighting one James Osogo or Onsongo. Because of the confusion in the names, we shall refer to him only as James. The time was about 6.30 p.m. and both the appellant and James appeared to be drunk. The fighting was on a nearby road. The witness s…