JUDGMENT OF THE COURT
The appellant appeals to this Court against his conviction by the superior court (Mbaluto, J.) following a judgment delivered on April 21, 1995. He was jointly charged with two others (who were acquitted) with the murder of Ogenche Omambia on August 4, 1992 at Bogisiankio Village in Kisii District of Nyanza Province contrary to section 203 as read with section 204 of the Penal Code.
It is not in dispute that on August 4, 1992 when the deceased came out of his house the appellant stabbed him on the neck with the panga he had apparently killing him instantly and the panga was seen to have blood stains. The prosecution called ten witnesses in support of the charge and the appellant made an unsworn statement and called no witnesses. He said that the main prosecution witnesses had not told the truth.
The learned trial judge considered with great care the evidence for the prosecution and the denial of his involvement by the appellant, and came to the conclusion that the e…