JUDGMENT OF THE COURT
On 16th May 2008 at about 10 pm, Iqbal Ahmed Ayub (the deceased), who was described as a printer of passports, was with three others, namely Ashish Oza (PW1), Rahim and Murtaza, in a motor vehicle heading for his house at Mackinon Market, Mombasa. On arrival, Murtaza, who was driving, parked the vehicle opposite the gate to the deceased’s house and the deceased and PW1 alighted to get into the house. As the deceased made to open the door, two mean dressed in black and wearing caps accosted them. One of them, who the prosecution maintains was the appellant, Joseph Kamau Mwangi, drew a pistol and asked the deceased what he was doing. In an instant, the man kicked and fell PW1, and immediately fired four shots at the deceased.
Upon hearing the gunshots, PW1 fainted while the friends in the car drove off. When he came to shortly thereafter, PW1 found the deceased lying on the ground. He summoned help and the deceased was rushed to Mombasa Hospital where he was pronounc…