<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><ol><li><p style="text-align: justify">Martin Sila Muli, <strong>“the appellant”, </strong>was charged before the High Court at Kitui 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 the 6th day of April, 2012 at Kaangwa village, Kibwea sub–location in Kibwea location in Mutomo district within Kitui County murdered Maria Sila, (<strong>deceased</strong>).</p></li><li><p style="text-align: justify">He pleaded not guilty to the charge and the case proceeded to trial, where the prosecution called 11 witnesses. By way of background and to put the appeal in context we shall give in summary form the evidence that was adduced in the trial Court. If this was a Hollywood script, one would have started with a disclaimer that viewers’ discretion is required as the violence is chilling and heartbreaking.</p></li></ol><ol start="3"><li><p style="text-align: justify">According to <strong>PW1, RMS </strong>a daughter of the deceased, she was asleep in her grandmother’s house, which was in the same homestead as her parents’ house, when she heard her younger sister, crying. She got up and found her…</p></li></ol>