JUDGMENT OF THE COURT
1. Bernard Muruva the appellant, was charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars were that on 6th October 2011, at Siksik village in Nandi Central District within Nandi County, he murdered Japheth Miheso Serede.
2. The appellant denied the charges and the prosecution presented fourteen witnesses to prove their case. We have summarized the case before the trial court to bring this appeal into perspective.
3. The case for the prosecution case was that the deceased was a teacher at Siksik Primary School. On the material day at about 3pm, Vincent Adanga (PW1), and his friend both learners in the school, went to a nearby river to drink some water. The appellant appeared and told him to drink the water quickly and depart from the place. He knew the appellant very well as they used to play football together.
4. Presently, PW1 also saw the deceased who was a teacher in the school coming towards the river. He quickly…