JUDGMENT OF THE COURT
ELIAS OCHIENG ONYANGO, the appellant herein, was according to information dated 9th September 2004, arraigned before the High Court of Kenya at Kisii where he was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
It was alleged that on the 25th day of June 2004 at Wasio Sub-Location in Migori District within Nyanza Province the appellant murdered DAVID ONYANGO ONGORO (the deceased).
The appellant denied the charge and his trial commenced on 24th February 2005 before Bauni J. The trial was conducted with the aid of assessors as the law then provided.
The prosecution called four witnesses. The first witness was Joshua Odera Kiboga (PW1) who testified on how, on the material day, he witnessed the appellant fighting with the deceased. In the course of his evidence in chief Kiboga stated inter alia:-
“I know the deceased David Onyango Ongoro. He was also a kinsman. I recall 25th June 2004 at 7.30 a.m. I was at my home. …