JUDGMENT OF THE COURT
This is a first appeal against the Judgment of M.J. Anyara Emukule, J delivered at Meru on the 6th day of March, 2009. It arose from the proceedings where the appellant herein John Bell Kinengeni faced a charge of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on the night of the 13th and 14th day of March, 2003 at Kaneu village Kiathathi sub-location, Meru location, Igoji Division in Meru District within the Eastern Province he murdered M’Arimi Mucheke.
The appellant denied the charge prompting the trial in which the prosecution called a total of eleven (11) witnesses to prove its case. The appellant, who gave sworn evidence, was the sole witness for the defence. The trial commenced before Lenaola, J with the aid of three assessors namely Jadiei Gikundi; Fredrick Mwenda and John Kirera. The approval of the assessors took place on 21st November, 2006, the very date on which the trial commenced. A t…