SILAS MUCHUI M' ITHULA V. REPUBLIC

JUDGMENT OF THE COURT

SILAS MUCHUI M’ITHULA (‘the appellant’) has lodged this appeal against his conviction for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence as per the information were that on the 7^th day of February, 2006 at Mwerongaga village, Thinyaine location in Meru North District of the former Eastern Province, he murdered M’ITHULA M’ITIRITHIA. It would be worthwhile to state that the said M’ITHULA M’ITIRITHIA (‘the deceased’) was the appellant’s father.

The prosecution called 7 witnesses including: PW 1 FRANCIS MWINGIRWA (FRANCIS), a brother to the appellant who testified that he was with the deceased on the material date at his 1^st wife’s home at about 4.45p.m. Moments later the deceased departed for his 2^nd wife’s home, only for him to be murdered 20 minutes thereafter. Francis testified that he visited the scene of the murder; that the deceased had cuts on his legs and blood all over his body. He test…