<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>The appellant, <em>Samuel Karanja Kuria,</em> was in an information filed in the superior court charged with murder contrary to <em>section 203</em> and <em>204</em> of the Penal Code. The particulars of the offence were that on 21^st June 2004 at <em>Uthiru Village Kinoo Location</em> in <em>Kikuyu Division of Kiambu District in Central Province</em>, the appellant murdered <em>Mathew Mbugua Kimwaki</em>.</p><p>According to the evidence adduced by prosecution, nobody saw the killing of the deceased but the appellant had between 10.30 p.m. and 11.00 p.m on the night of 21^st June 2004 become an immediate suspect. The reason for the suspicion was that soon after the killing, a brother of the deceased, <em>Evanson Kinyangi Kimwaki (PW1)</em> was woken up from his sleep with a sad report that his brother had been found in a drunken state lying somewhere near <em>Neighbours Bar</em>. Accompanied by his other brother <em>Noah Njuguna KimwaKi</em> (PW4) they did a search of the area adjoining <em>Neighbours</em> <em>Bar</em> using a spotlight, because the area was poorly lit.…</p>