JUDGMENT OF THE COURT
The appellant STEPHEN KARIUKI NGURE, and two others were arraigned in the High Court of Kenya at Nakuru on the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. It was alleged that on 19th June, 2004 at Kapsita/Songocho Farm Elburgon in Nakuru District within the Rift Valley Province they murdered Margaret Nyambura Thiongo.
The appellant and his co-accused pleaded not guilty to the charge. The prosecution called eight witnesses in its bid to establish the case against the appellant and the co-accused.
The facts of the case as can be reconstructed from the evidence adduced by the prosecution and the defence before the High Court were as follows: On the 7th June, 2004 George Mbuthia Rigio (PW4) a resident of Kapsita Farm received an anonymous letter threatening him with death. The said letter also threatened members of his family. The said letter specifically stated that the writers of the letters were going to get the head of Rigio…