<p style="text-align: center"><strong><u>JUDGMENT OF THE COURT</u></strong></p><p style="text-align: justify">1. <strong>Said Salim Shangasu</strong>, the appellant, has appealed against the judgment of Lessit J, (as she then was) in the High Court at Nairobi. He was committed for trial on information of murder contrary to <strong>Section 203</strong> read with <strong>Section 204</strong> of the Penal Code. The particulars were that on 9th December 2012 at Muchatha Village, Kiambu District within Kiambu County, the appellant murdered <strong>Boniface Njeru Njagi</strong>. He pleaded not guilty to the charge and was subjected to a full hearing, with the prosecution calling 8 witnesses to prove their case.</p><p style="text-align: justify">2. A chronicle of the case for the prosecution began with <strong>PW1, Mary Nyambura</strong>, who saw the appellant and the deceased, who were persons known to her, fighting by the roadside earlier on the material day. She saw them fighting for the second time at about 8:00pm near her stall at the market. In both instances, she did not know what the bone of contention was. Both men appeared drunk and it was PW1’s testimony that the two men often fought f…</p>