JUDGMENT
In this appeal, the appellant’s complaints against the judgment of the superior court are that in the entire case before the learned trial judge, there was no agreement as to who was present when Anjelina Apiyo Ndege, the deceased, was attacked; how that attack was carried out; and how the weapons used in the attack were carried besides the non-exploration of the issue of provocation. According to Mr Siganga for the appellant, these complaints cast a serious doubt on the prosecution case as to what happened on the day the deceased was attacked and therefore rendered suspect the appellant’s conviction for the offence of murder contrary to section 204 of the Penal Code.
Regarding who was present when the deceased was attacked, Mr Siganga submitted that from the deceased’s dying declaration, it would appear that Hellen Adhiambo Okeyo (PW2) was not at the scene when the former was attacked for as the latter together with Peter Obora (PW3) and other neighbours approached the scene, …