JUDGMENT
Godfrey Ochieng Odalo alias Victor (the appellant) was presented before the High Court at Nairobi vide the information dated 4th December, 2012 charging him with the offence of murder contrary to section 203 as read with 204 of the Penal Code. The particulars of the offence were that on the 29th November, 2012 at Raila Decanting Site in Langata District within Nairobi County he murdered Martha Awino (the deceased).
He pleaded “Not Guilty” to the information and the matter proceeded to full hearing with the prosecution calling twelve (12) witnesses. The brief facts of the case as narrated by the prosecution witnesses was that the appellant and the deceased were living together as husband and wife in Langata Decanting Estate. On the night of 29th November, 2012 the appellant and the deceased had a quarrel and thereafter a fight ensued whose end result was the deceased’s lifeless body landing with a thud onto the ground having dropped from the balcony of their house.
SA (PW1), a ch…