JUDGMENT OF THE COURT
This is a first and last appeal. As the first Appellate Court we are enjoined to revisit the evidence that was presented to the superior court which was the trial court, analyse it, evaluate it, and come to our own independent conclusion but always bearing in mind that the trial court had the advantage of hearing and seeing the demeanour of witnesses and giving allowance for that – see Okeno v. Republic (1972) EA 32.
The appellant Sherigham Elisha Odhiambo, was arraigned in the superior court on information dated 16th August 2005 in which he was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code Chapter 63 Laws of Kenya. The particulars of the offence were that:-
“On the 15th day of May, 2005 at Mathare North Area 11 in Nairobi within the Nairobi area jointly with others not before court murdered Gerald Odhiambo.”
He pleaded not guilty to the charge and the trial proceeded with the aid of assessors. After hearing thr…