JUDGMENT OF THE COURT
Evans Masheti Shimwati, the appellant, was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on the 9th of December 2003, at Shikhalia village, Lunerere sub-location, Isulu Location, in the then Kakamega District, he murdered Mike Mutayi Mbenji (deceased).
The brief facts are that, on 9th December 2003 at about 8.00pm, Maurice Alaba Masheti PW1, (Maurice) the father of the deceased, was having supper with his wife, Jenipher Masheti, (PW2), when the deceased came to collect his child from Maurice’s house. As the deceased returned with the child to his house which was in the same compound as Maurice’s, Cyrus, another of Maurice’s sons, assisted by carrying some food for the deceased. After a few minutes, Cyrus returned to Maurice’s house carrying the deceased’s child. At that moment, Maurice heard the deceased calling his mother, saying that he was dying. When Maurice and Jen…