JUDGEMENT OF THE COURT
This is an appeal against the conviction of the appellant by Tanui, J. of the offence of Murder. The appellant was a member of an armed patrol of four Administrative Policemen and one regular policeman which was on duty at Chemasesi village in Bungoma District to forestall and suppress the tribal clashes that were then occurring in the district.
The evidence that was led by the prosecution to establish the charge, was that on the afternoon in question, three brothers of the deceased and a neighbour who are P. W. 1, P. W.2, P. W. 4 and P. W. 3 respectively, that is to say, James Murambi, Vincent Kimtai, Nicholas Masai and Peter Simatwa, had been arrested by the patrol. As they were being escorted from the Chemasasi School back to the home of the deceased and his brothers the former joined them having been sent home to fetch the identification card of his brother Vincent. Three of the policemen were in the front of the four that had been arrested and two of the poli…