JUDGMENT OF THE COURT
The appellant, Bruce Ochieng Shaban was charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars in the information were that on 1st August, 2012 at Konyango Location, Rachuonyo North District within Homa Bay County in the Republic of Kenya he murdered Victor Ogweno Otieno (the deceased). He pleaded not guilty to the information and soon thereafter his case proceeded to trial. The prosecution called a total six witnesses in a bid to prove its case against the appellant. Briefly stated the prosecution case as seen through the eyes of these witnesses was as follows;
According to Erick Ouma Omollo (PW1) the appellant came from his village and he knew him well. It was around 6:00 pm on 1st August, 2012 while he was at the village playgrounds playing football with other boys when the appellant came around to watch the game. The deceased who was on his way home also stopped by to watch the game. An argument soon ensued betwe…