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JUDGMENT
This is a first appeal from the Judgment of the High Court of Kenya at Meru (Wendoh, J.) where the appellant, Stephen Mutembei Muthinja, was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code particulars being that on 14th January, 2008 at Lanyiru sub location of the then Tigania District he murdered Mary Karambu Laalu. We are required in law to re-evaluate the evidence and reach our own conclusions of fact but always remembering that we do not have the advantage the trial Judge had of seeing and hearing witnesses and must give due allowance for that See the oft-cited case of Okeno v Republic [1972] EA 32 on the mandate of the court on a first appeal.
The prosecution called a total of 7 witnesses who testified to the following effect: George Laalu Limunya (Limunya – PW1) was on 13th January, 2008 at a market centre when he was attracted by the sound of a gunshot. He and others moved to the scene and he found the appellant and o…