JUDGMENT OF THE COURT
The appellant herein, NGUNDI NDALI MUTEMI was tried before Osiemo J. sitting with assessors (as the law provided then) on an Information charging him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the Information were that on the 27th day of February, 1993 at about 5.00 p.m. at Ndalani village, Mwingi Location in Kitui District of the Eastern Province the appellant murdered KABULU MUNYOKI NDALI.
The summary of the evidence adduced before the superior court was as follows:
On the material day (27th February, 1993) the deceased Kabulu Munyoki Ndali and Kimanzi Munyoki (PW1) went to the shamba to harvest beans and after harvesting the beans Kimanzi (PW1) left the deceased burning charcoal as Kimanzi went back home. On the way home Kimanzi met the appellant who asked Kimanzi the whereabouts of the deceased. Kimanzi informed the appellant that the deceased was still at the shamba. The appellant then proceeded …