JUDGMENT OF THE COURT
John Waigwa Mumbi, the appellant herein, was by way of an information dated the 6th February 2007, charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged that he, on the 2nd day of July 2006, while at Sunpark area in Malindi Township within Malindi District of the Coast Province, murdered Domittilah Kanini Mackenzi.
The evidence led by the prosecution was as follows: on the 1st July 2006, the deceased went to the house of Rhoda Kalunde (PW3) where she spent the night. The next morning, the deceased returned to her house accompanied by Rhoda. Shortly after their arrival, the appellant came into the house; the deceased asked him to remove his clothes from her house and leave. The appellant indicated that he could collect his clothes at a later time, and he left. Thereafter, Rhoda and the deceased went to Maweni where they found Fredrick Daudi (PW2). The deceased was looking for a curio vender known as Mam…