PATRICK ANALO & KENNEDY EMITATI V. REPUBLIC

JUDGMENT OF THE COURT

The 1st appellant Patrick Analo and the 2nd appellant Kennedy Emitati, together with another person who is not a party to this appeal, were charged before the High Court of Kenya at Kakamega with the offence of murder contrary to section 203 as read with 204 of the Penal Code. The information stated that on 10th October 2004, at Mudovela Village, Butsotso North Location in Kakamega District, they murdered Benea Ingutia Ongore.

An unusually high number of judges, five in all, handled the trial of the appellants. After entering a plea of not guilty, the trial started before G.B.M Kariuki, J. (as he then was), who heard the evidence of two witnesses. Subsequently Lenaola, J. (as he then was) took over, started the trial de novo, and heard the evidence of five prosecution witnesses. Kimaru. J., succeeded him and after complying with section 200 of the Criminal Procedure Code, took the evidence of one more prosecution witness. Chitembwe, J. similarly after complying wit…