JUDGMENT OF THE COURT
1. The appellants herein were charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code at the High Court in Nakuru. The particulars of the charge were that on 11th February, 2010 at Esageri trading centre in Koibatek District within the then Rift Valley Province murdered Kelvin Kibiwott Ng’etich (deceased).
2. The appellants pleaded not guilty and the matter proceeded to trial. The prosecution called a total of seven witnesses in support of its case. It was the prosecution’s case that on 12th February, 2010 at around 8:00 p.m. while PW1, Sylvester Kipkemoi Cheboiwo (Sylvester), a motorbike operator, was waiting for a customer outside a bar at Esageti, he saw the deceased carrying a Jeri can full of petrol and he offered to carry the petrol for him. The deceased informed Sylvester that he would walk to the stage and try to get another motorbike; that in the event he was not successful he would call Sylvester to carry the …