JUDGMENT
We have consolidated the appeals of the above named two appellants. They were both convicted of the murder of Elijah Kariuki Komu on a date between July 18 and 22, 1980. A third accused with them named Karuga Mwangi was acquitted.
The deceased, Komu, was living on Kamirithu Farm, Elburgon at the material time. He had cattle and sheep, also three wives, one of them Esther Wangari.
In mid-August 1980 the deceased’s son-in-law Samson Kanyiri Ng’ang’a and his wife, the deceased’s daughter, visited the deceased’s farm. They did not find him, or his cattle and sheep there. On a further visit later the deceased’s house was found broken into. His personal effects were also missing. The deceased’s relatives made inquiries. They received information as a result of which they went to a bush about 300 yards away from the deceased’s home. There they found a coat, a vest, an underwear, a sisal mattress - all of which Esther Wangari identified as the deceased’s property. They also found a huma…