JUDGMENT OF THE COURT
[1] Joseah Kipng’eno Koech who is the appellant before us was arraigned and tried before the High Court sitting at Malindi (Omondi, J.) for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence as contained in the information dated 17th April, 2009 were as follows:
Joseah Kipng’eno Koech: on 10th April, 2009 at Kiunga Police Station within Kiunga Division of Lamu District of the Coast Province murdered Victor Masese Onchoke.
[2] During the trial eleven witnesses testified for the prosecution. These were Sergeant Justin Gitonga (Sgt Gitonga), James Nyota Masese (Masese) Steven Monte Oigo (Oigo), PC Leonard Najoli (PC Najoli), Corporal Pius Wanyama (Cpl Wanyama), Corporal Gabriel Karugui (Cpl Karugui), IP James Nyaga (IP Nyaga), CIP Alex Muthithi Mwandawire (CIP Mwandawire), CIP Joseph Owiti (CIP Owiti), Sergeant Erick Opagal Okisai (Sgt Opagal) and Dr. Beryl Kaudia (Dr. Kaudia).
[3] Briefly, the prosec…