JUDGMENT OF THE COURT
[1] Johannes Amadi (hereinafter referred to as the appellant), was arraigned before the High Court at Kisumu, jointly with Nicholas Oyombe Agai (co-accused), for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged that on the night of 20th and 21st July, 2004, at Marenyo Sub-location of Siaya District, they murdered John Magambo (deceased). The record is not clear, but it would appear that the appellant’s co-accused died during the cause of the trial.
[2] The trial initially commenced before Mwera J on 22nd January, 2009 when three witnesses testified. However, the trial had to commence de novo on the 8th July, 2009, as it was discovered that the appellant and his co-accused had been represented by a person who was not qualified as an advocate. Thereafter, four witnesses testified before Mwera J. On 6th May 2010 the matter came before J. R. Karanja J, who directed that the proceedings be typed so that the matter …