JUDGMENT
On 7th March, 1989 at about 5.00 pm Simon Muiruri Karaba, the deceased, together with three of this colleagues, Peter Ngige Sila (PW1), Paul Mburu Muiruri (PW2), and James Kihoro Kinguri (PW5) went to Beehive Bar in Eastleigh section 1 Nairobi. According to PW1, at about 8.00 pm while they were drinking and seated on a form inside the bar, the appellant walked therein and pulled the deceased from where he was seated on this form. Outside the bar, the appellant stabbed the deceased twice with a knife. The deceased fell down and PW1 who had followed them behind ran to Pangani Police Station to make a report of the incident but the police told him that he was drunk. He therefore returned to the scene and on finding the deceased not there, he went away to sleep. According to PW 2, however, when the appellant came into the bar, he pulled the deceased outside without any argument whatsoever and as he and his other colleagues followed together with one Kamwai, the appellant stabbed t…