JUDGMENT OF THE COURT
This appeal arises from the Judgment of the High Court (Makhandia, J, as he then was) sitting at Machakos. Before him the appellant herein Anthony Muema Mutisya was charged with two (2) offences of murder and attempted murder. In the first count it was alleged that on 20th May, 2011 at the Administration Police Camp, Mulala, Nzauni District in Makueni County, the appellant murdered Quedaline Nduku Muema contrary to Section 203 as read with Section 204 of the Penal Code, Laws of Kenya. And in the second charge it was alleged that on the same date and place he attempted to murder Mary Nyakio Mwangi, contrary to Section 220(a) of the Penal Code, Laws of Kenya. The particulars of the latter charge were that the appellant attempted to unlawfully cause the death of the said Mary Nyakio Mwangi, an administration police officer, by setting on fire a house she was sleeping in.
On 18th October, 2011, the appellant pleaded not guilty to both the charges. Later the learned Jud…