JUDGMENT OF THE COURT
On 27th July, 2009 the High Court of Kenya, at Kakamega was informed by the respondent that the appellant, Ibrahim Maramba Mukabana had murdered Gabriel Onyango Makomero, (the deceased) contrary to Section 203 as read with Section 204 of the Penal Code. The court was further informed that the incident occurred on 12th April, 2009 at Bumangale village, North Butsotso location, Central Kakamega district within Western province. At the conclusion of investigations, the appellant was arrested and charged with the offence. He denied the information and his trial begun in earnest. In a bid to prove its case against the appellant, the prosecution called a total of eight (8) witnesses whose evidence in brief was as follows:
PW1, Frida Onyango a wife of the deceased, on 12th April, 2009 at about 10:00pm was asleep in the house when she heard screams and a voice that was similar to the deceased’s. She immediately woke up her son Moses and daughter PW6 Eglayi Sofia Atiba. The…