JUDGMENT
Chistopher Muli Uvii, (the appellant) has preferred this appeal against the judgment of the High Court (Lesiit, J.) (as she then was) dated December 9, 2015, 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 charge were that on July 26, 2005 within Spring Valley Police Station in Nairobi, the appellant murdered Josephat Mitau, (the deceased).
The prosecution called a total of fourteen (14) witnesses. The appellant gave an unsworn statement of defence and denied having committed the offence as charged.
The evidence adduced by the prosecution was that the deceased who was the Officer Commanding Station (OCS) at Spring Valley Police Station assigned the appellant to be the duty officer at the Police Station on 25th and July 26, 2005. The assigned duty was to last 24 hours meaning that the appellant was to be on duty from 6 a.m. on 25th July and 6p.m of July 26, 2005. The appellant reported t…