JUDGMENT
The appellant, George Owino Adhoch, was convicted of murder contrary to section 203 as read with 204 of the Penal Code. The particulars of the offence were that on October 10, 2018at Mnarani sub- location the appellant murdered Juma Boi Jundwa. He pleaded not guilty and the matter proceeded to trial with 5 witnesses in support of the prosecution’s case.
In brief the prosecution case was that on the material day, PW1 sold a bottle of alcoholic drink each to the deceased and the appellant, at Signature Pub, and closed for the day, leaving the two at the club. PW3, the watch man of the Signature Pub stated that he could see the deceased and the appellant inside the club. He testified that before long, he saw the deceased go to where the appellant was seated and forcefully take his alcoholic drink. That his action triggered a fight between them which continued outside the club. That when he saw the appellant attack the deceased with a club on the chest and stomach he called PW2, a …