JUDGMENT OF THE COURT
1. The appellant was charged with murder. The Information is that on 24th January 2014, at Oruba village Gor-Uriri sub-location within Migori County he murdered Rose Anjao Vulimu.
2. There were no eye witnesses to the crime. The prosecution’s case was founded on circumstantial evidence particularly the testimony of PW4 Agnes Kageha Soga.
PW1, John Vulimu Omega, the husband to the deceased testified as follows:
On 24th January 2014, I was at home. I worked at my shamba until about 1.00 pm. My wife called Rose Anjao Vulimu had left for the market in the morning. When I arrived, she was not there but she came. The children also came from school. She prepared lunch for us and we ate. She went to the posho mill after lunch while I went to take care of the cows. We did not meet later. When I returned home at 5.00 pm she was absent... I could hear she was just 50 metres away. I waited outside for her. I had bought two chicken and I went with them to a neighbours place. I wa…