JUDGMENT OF THE COURT
Daniel Mutuku Muthama, the appellant herein, was tried by the High Court (Martha Koome, J) on a charge of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the Information charging him with murder were that on the 23rd day of December, 2006 at Ngorika Trading Centre in Olkalou Division of Nyandarua District, Rift Valley Province, the appellant murdered John Ndiritu Gakuru, hereinafter “the deceased.”
It was agreed that the appellant was a corporal in the Administration Police and was attached to Ngorika Chief’s camp as the officer in charge of the camp. During the night of 23rd December, 2006 at around 11.00 p.m. the deceased was among the patrons at Kenfolt Bar in Ngorika township. The bar was owned by Kenneth Gitau Muiruri (PW1), hereinafter “Kenneth” and his wife Rachel Wanjiku Gitau (PW7), hereinafter “Rachel”. Among the patrons in the bar at 11.00 p.m. were Dickson Kimani Gichege (PW3), Peter Mwangi Kiburi …