JUDGMENT OF THE COURT
1. JMK was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap 63 of the Laws of Kenya). The Information was that on the 3rd day of February, 2008, at around 2030 hrs in Igembe District within Eastern Province he murdered James Kirinya Kiendia.
2. The appellant was 16 years of age at the time of the offence. He was tried, convicted and being a child offender he was sentenced to be detained at the pleasure of the President. Aggrieved by the conviction and detention order, he has lodged this appeal.
3. The prosecution case hinged on the testimony of PW2 and PW3. Mercy Nkirote, PW 2, testified as follows:
“I live in Athiru Gaiti, I knew the deceased. I had known the deceased for about 20 days. I had also known the child offender. The deceased and the child offender were my customers at my pool table business and coffee shop. On 3rd February, 2008, at about 8.00 pm, I was with the deceased and some other few people a…