JUDGMENT OF THE COURT
1. JACOB KIPLANGAT NGETICH, (hereinafter referred to as the appellant), was charged before the High Court sitting at Kericho with the offence of murder contrary to the provisions of section 203 as read with those of 204 of the Penal Code. He was tried, found guilty and convicted of the murder of LEONARD KIPNGENO LANGAT, (deceased), and sentenced to suffer death as by law provided. The particulars of offence as appeared in the information dated 8th April 2008 had been that he the appellant, on the 23rd day of March 2008 atKapsimotwo village, Bomet District of the Rift Valley Province, murdered the deceased.
2.The prosecution case was made up of the evidence of eight (8) witnesses. Leonard Kibet Chepkwony, a farmer living at Kapsimotwo gave evidence as PW1 to the effect that he was taking tea in Mengo Hotel at Kapsimotwo on 23.3.2008 when he heard people say that the appellant and the deceased had fought but he did not witness the incident. He knew the fighting duo. …