JUDGMENT OF THE COURT
[1] Kazungu Katana Ngoa (the appellant) was arraigned before the High Court at Malindi to answer one count of murder contrary to section 203 as read with section 204 of the Penal Code, particulars of the offence being that;
‘KAZUNGU KATANA NGOA alias POLA KATANA on the 7th day of December, 2010 at Kibokoni II village, Kanjora Sub location within Kilifi County murdered KATANA NGOA SARO.’
He denied the charge and the matter proceeded to hearing, with the prosecution calling a total of seven witnesses.
[2] According to the prosecution case, mourners had congregated at the deceased’s home on 7th December, 2010 for the burial of one of the deceased’s sons, known as Safari. While the funeral was underway, the appellant, who is a stepson to the deceased picked a mattock and hit the deceased on the head, seriously injuring him. This prompted the deceased to flee in a bid to save his life. Unfortunately, he could only get approximately a 100m away, where he stumbled and fell.…