JUDGMENT OF THE COURT
The appellant was charged in the High Court Eldoret, on 3 counts of murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya. The particulars in each count read as follows:-
“1. During the night of 18th December, 1994 at Tuloi village, Nandi district of the Rift Valley province murdered Daniel Kipkiyeny Ngososei. 2. During the night of 18th December, 1994 at Tuloi village, Nandi district of the Rift Valley province murdered Nyamumbo Angweny. 3. During the night of 18th December, 1994 at Tuloi village Nandi district of the Rift Valley province murdered Mogen Musuthi.”
It is noted at once, that, in each count, the appellant was not named in the particulars thereof although on the heading of the information his name appears in full as Fanuel Hesiwas Madokaa. The better practice in framing a criminal charge is to set out the name of the accused in full in the particulars of the charge. This was not done in the present case but, we a…