<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">REUBEN NDOLO, DOMINIC NGARUIYA and DAVID LESILELE, the <em>1</em><em>^st</em><em>, 2</em><em>^nd</em> and <em>3</em><em>^rd</em><em> appellants</em> respectively were jointly charged with murder contrary to <em>section 203</em> as read with <em>section 204</em> of the Penal Code. According to the information filed by the Attorney General at the High Court of Kenya at Nairobi, the three appellants on the <em>17</em><em>^th</em><em> day of April, 2000</em> at Ngara in Nairobi within Nairobi Area, jointly murdered <em>ERIC MAITHA WAMBUA</em>, the deceased.</p><p class="ql-align-justify">The trial of the appellants commenced on <em>16</em><em>^th</em><em> June, 2003</em> before Rawal, J sitting with three assessors. The facts of the case were largely undisputed. The deceased, Eric Maitha Wambua, was living at Jeevanji Estate, Nairobi in a house belonging to his brother, <em>Timothy Kinyili Wambua</em> (PW1) and his wife <em>Bibiana Kalimi Kariuki</em> (PW3). That family had a neighbour who complained of her house having been broken into by the deceased. This complaint was reported to the Chief’s Camp at Ngara. The items, which were alleged to have been stolen by …</p>