JUDGMENT OF THE COURT
Alexander Mbevo Mutemi, the appellant, was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code Laws of Kenya. The particulars of the offence are that on the 14th day of November, 2013 at Kavililo village, Nzauni location in Mwingi West District within Kitui County, he murdered Stella Makaa Makuthu (the deceased).
On 14th November, 2013 at 2.00 p.m. Daniel Mbithi Mutinda, (PW1) (Daniel) who worked as a supervisor at Target Supermarket in Mwingi town was informed by the appellant, who also worked in the same supermarket, that he was feeling unwell and required permission to go to the hospital. Since the supermarket was busy, Daniel requested the appellant to wait until their work eased before proceeding to take time off. At about 3.00 p.m. Daniel’s colleagues notified him of the appellant’s absence, and he stated further that the appellant did not return to his duties, and that after 3 days, he recorded a statement wi…