JUDGMENT OF THE COURT
1. This is a first appeal arising from the judgment of R.P.V. Wendoh, J delivered at Nakuru High Court in Criminal case No. 7 of 2010 in which the appellant, Joseph Githua Njuguna was convicted and sentenced to serve 30 years imprisonment for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars in the Information were that the appellant murdered D M W, hereinafter referred to as ‘the deceased’ on the 25th day of December, 2009 at Wiyumirerie village in Nyandarua District within Central Province.
2. The appellant denied the charges and the case proceeded to full trial. The prosecution called nine witnesses while the accused gave an unsworn statement in his defence and did not call any witnesses. Five of the prosecution witnesses knew both the appellant and the deceased.
3. In her judgment, the trial Judge conceded that nobody had witnessed the deceased’s murder and the case turned on circumstantial evidence. It was…