JUDGMENT OF THE COURT
This appeal has a rather long and unhappy history. The appellant FREDRICK OKARAU CHESEBE was arraigned before the High Court at Bungoma on an information which charged him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the information were that on the 8th day of November, 2005 at Cheptais Market, Cheptais location in Mt. Elgon District within Western Province the appellant murdered ALICE CHEPKWEMOI. The appellant initially appeared before the Senior Principal Magistrate (K. Ngomo Esq.) on 31st January, 2006 but the matter was adjourned to 22nd February, 2006 when the appellant appeared before Ombija, J. The charge was read and explained to the appellant who on being asked to plead denied the charge.
The trial commenced before Lady Justice W. Karanja sitting with three assessors (as the law then provided) on 24th January, 2007 when six prosecution witnesses testified. The trial was adjourned to the 23rd A…