JUDGMENT OF THE COURT
The two appellants herein, JAMES KAMAU WAINAINA and PETER MUYA KAMOTHO, were tried by the High Court of Kenya at Nakuru on an Information charging them with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on the 15th day of December, 2002 at Central Farm Kuresoi in the Nakuru District of the Rift Valley Province, the two jointly murdered Peter Kinuthia Thuku. The prosecution called a total of ten witnesses who testified in support of the charge against the two appellants. On 14th December, 2002, Peter Kinuthia Thuku (the deceased) was well when he escorted his wife Florence Wairimu Kinuthia (PW1) to the bus stage where she boarded a matatu to Njoro together with their two children. On 21st December, 2002 the body of the deceased was found buried in a grave that had been dug inside the bedroom of his house under the bed. When Wairimu (PW1) left for Njoro, she left the deceased with his two workers…