JUDGMENT OF THE COURT
This is an appeal from the judgment of the High Court of Kenya at Homa Bay. On 10th November, 2011 the said High Court was informed that the appellant, Gordon Odhiambo Shem had murdered Trufosa Ager Resa, hereinafter “the deceased” in her house at Kakwajuok village in Rachuonyo North District within Homa Bay County on 25th September, 2011 contrary to Section 203 as read with Section 204 of the Penal Code. When presented in the said court on 10th November, 2011, the appellant denied the information and soon thereafter his trial commenced. The prosecution marshalled a total of 11 witnesses in a bid to prove its case against the appellant. The prosecution case in brief was that:
PW1, John Oyiengo Oloo the deceased’s step son and a nephew to the appellant, on the morning of 25th September, 2011 was informed by his son that the deceased’s house had been broken into. He went to the house and found the deceased lying on the floor in a pool of blood. The deceased’s body ha…