JUDGMENT OF THE COURT
David Mugambi M' Mauta, the appellant, was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, Chapter 63 of the Laws of Kenya in the High Court at Meru. The particulars of the offence were that on 21st March, 2001 at Akachiu Location in Meru North District within the then Eastern Province, the appellant murdered James Kamui Kaithera.
The prosecution called a total of 6 witnesses in support of its case against the appellant. It was the prosecution's case that on 21st March, 2001 at around 9:00 p.m. while PW1, Joseph Kalunge (Joseph), PW2, Silas Mithika M'arimba (Silas), PW3, John Mithika (John), and James Kamui Kaithera (deceased) were having tea at a café in Kiije Market, the appellant came and started demanding Kshs. 50/= from the deceased. The deceased owed the appellant Kshs. 50/= being the balance of his wages for cutting miraa in the deceased's shamba. According to Joseph, Silas and John, the deceased promise…