JUDGMENT OF THE COURT
This appeal has a long and rather unfortunate history. The incident giving rise to the appellant’s arrest and his subsequent arraignment in court is alleged to have taken place at the end of the last century more specifically on 18th July, 1999.
The appellant herein BETHWEL WILSON KIBOR was arraigned before the superior court on an information in which he was charged with the offence of murder contrary to Section 203 as read with section 204 of the Penal Code. The particulars of the offence were as follows:-
“BETHWEL WILSON KIBOR: ON the 18th day of July, 1999 at Sinoko Farm in Cherangani Division, Trans Nzoia District within the Rift Valley Province murdered BENJAMIN KIPKOSGEI”.
It has to be pointed out that the appellant underwent committal proceedings before the Senior Principal Magistrate’s Court at Kitale before he was formally charged before the High Court at Kitale on 25th April, 2001 when his plea was taken. The State indicated its willingness to reduce the c…