JUDGMENT OF THE COURT
The appellant was charged before the superior court (Nambuye, J.) of murder contrary to section 203 as read with section 204 of the Penal Code in that on the 27th day of November, 1985 at Chepkemel Village Kabeimet Location in Nandi District of the Rift Valley Province unlawfully murdered Kiplanget Kibet Karget. He was convicted as charged and sentenced to suffer death in the manner prescribed by law.
The appellant and deceased were brothers. One Shabani Kibet Yebey (P.W.8) allegedly a step brother to the two on the fateful day heard a commotion and went to find out about it when he saw the appellant hitting his brother using a metal pipe used for digging holes. This evidence is supported by that of Kimeli Arap Songok (P.W.6.) who was a neighbour and married in the same family as was the deceased. He found the appellant hitting his brother with a metal pipe and when he was asked why he allegedly said he must finish him. It was about 6.00 p.m. and one was able to se…