JUDGMENT OF THE COURT
The nine appellants herein together with one Japhet Gichuru Gitonga were tried before Mr. Justice Lenaola sitting with assessors (as the law then provided) on information which charged them with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the information were as follows:-
“Nelson Mwiti Gikunda 2. Zakayo Mwiti Mbui 3. Haron Kimathi Mbui 4. Solomon Ndereva M’Irura 5. Geoffrey Mutwiri Gikunda 6. Michael Kaimenyi Kinoti 7. Nicholas Gitonga Murithi 8. Japhet Gichuru Gitonga 9. Nathan Kimaita Guantai 10. John Kimonye Kinoti: On the 5th day of November, 2002 at Kararene sub/location, Kiamiogo location in Meru Central District within Eastern Province jointly with others not before court murdered STELLA KINYA.”
The trial in the superior court commenced on the 27th March, 2006. The learned Judge and the assessors heard evidence from a total of eight witnesses called by the prosecution. At the close of the prosecution…