JUDGMENT OF THE COURT
The appellant DZOMBO CHAI also known as KAHINDI CHAI DZOMBO and his brother LEANARD CHAI also known as CHIVATSI CHAI DZOMBO were jointly charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code before the High Court sitting at Malindi. They were alleged to have jointly murdered one KATANA CHIVATSI MUNGA (deceased) on 18th August 1997 at about 7p.m. It seems from the record that Leonard Chai escaped before the plea was taken. The appellant pleaded not guilty. The trial started before L.P. Ouna, J. on 17th October 2002 and after recording the evidence of one witness KWEKWE KATAMA the trial was adjourned. The trial resumed before Pamela Tutui, a Commissioner of Assize, on 2nd September 2003 who started the trial afresh. The trial was however adjourned on 4th September after five witnesses including KWEKWE KATAMA had given evidence. On 1st September 2004 the trial started afresh before W. Ouko, J. The prosecution called sev…