ANTHONY SIMIYU MASASABI & 4 OTHERS
V.
REPUBLIC

JUDGMENT OF THE COURT

In this appeal there were originally seven people charged with murder contrary to section 203 as read with section 204 of the Penal Code but two of the accused persons died before the trial so that the final charge sheet had the following particulars of the offence :-

“1. DAVID WANJALA

2. JB

3. NK

4. DN

5. ANTONY SIMIYU: On the night of 2^nd February 2001 at Oramba farm in Trans-Nzoia District within Rift Valley province jointly with another not before court murdered BENJAMIN KIBET CHELIMO.”

The trial commenced on 3^rd June 2004 before Wanjiru Karanja, J., who sat with the assistance of the assessors as the law provided that time. The summary of the evidence adduced before the superior court was as follows:-

DN (4^th accused during the trial) was the deceased’s friend but the deceased appeared rather reluctant to continue with the relationship. The deceased’s mother Ann Chepkurgat (PW4) did not approve of the said relationship between the deceased and DN. On the material…