PETER MWANGI MWANGI V. REPUBLIC

JUDGMENT

1. This is a first appeal arising from the judgment of the High Court of Kenya at Nakuru, W. Ouko, J. (as he then was) in Criminal Case No. 105 of 2009 dated 21st February, 2012.

2. The background to the appeal albeit in a summary form is that the appellant was charged with the offence of murder contrary to section 203 as read with section 204 both of the Penal Code. The particulars of the offence were that on 16th December, 2009 at Geta Village in Kipipiri District within the Central Province murdered Joseph Mwangi Nderitu. The appellant denied the charge prompting a trial in which the prosecution called eight (8) witnesses to prove the charge against him while he was the sole witness in support of his defence.

3. The prosecution case as gathered from the testimonies of PW1, Benjamin Wanjau Nderitu, (Benjamin), PW2 - Rahab Muthoni (Rahab), PW3 - John Kabiru Mungai (John), PW4 - Gabriel Nderitu Muthoni (Gabriel), PW5 - Milka Wanjiru Nderitu, (Milka), PW6 - APC Moses Busendich (APC Moses)…