JUDGMENT OF THE COURT
Eliud Barasa Wabomba, hereinafter “the appellant”, was tried before Lady Justice Karanja sitting with the aid of assessors, 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 the appellant with murder were that on 15th day of September, 2003 at Matunda Sub-Location, Moi’s Bridge Location in Lugari District within Western Province, the appellant murdered No. 81942 Police Constable Benard Sitienei, hereinafter “Benard”.
During the appellant’s trial before the learned Judge and the assessors, a total of seven witnesses gave evidence on behalf of the Republic. Of those seven, six were police officers who were at the time of the alleged offence, stationed at Matunda Police Station. Those police witnesses were Police Constable William Busienei (PW1), Police Constable Abdi Asman (PW2), Police Constable Richard Boit, (PW3), Police Constable Christopher Birgen (PW4), Police Constabl…