JUDGMENT OF THE COURT
[1] Henry Obisa Auko, the appellant herein, was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the information duly signed on behalf of the Director of Public Prosecutions (DPP), stated that on 7th July, 2017, at Kenyamedha village in Kisumu West Sub-County within Kisumu County, he unlawfully murdered Elizabeth Auko (Deceased).
[2] The appellant pleaded not guilty to the charge and a trial ensued in which eleven witnesses testified for the prosecution, and the appellant gave a sworn statement in his defence.
[3] The witnesses who testified for the prosecution included: Ezina Achieng Fuko (Ezina), who is the mother to the appellant and the deceased; Simon Ochieng Ouko (Simon), who is the younger brother to the appellant and the deceased; Daniel Mwallo Adongo (Daniel), cousin to the appellant and the deceased; Rosemary Anyango (Rosemary), and Sophia Achieng Juma (Sophia), both neighbours to the…