JUDGMENT OF THE COURT
Alex Kioko Kinyingi, the appellant, was charged with two counts of murder contrary to section 203 as read with section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on the night of 23rd and 24th day of December, 1995 at Tulia Market Mutonguni Location in Kitui District of the Eastern Province he murdered Peter Mwangi Ndatha and Alexander Mutua Ngalai. As is the established practice where there are more than one murder charges against an accused person, the State in the case the subject of this appeal opted to prosecute the appellant with Count I which related to the murder of Peter Mwangi Ndatha; the deceased. On the night of the incident, there was a discotheque at Mutonguni Mountain Bar. The deceased and the appellant were amongst the patrons present. The appellant and Festus Mutua Kasuvi (PW1) another patron had a disagreement and they went out as if in preparation for a duel. They then engaged in shoving each other an…