JUDGEMENT OF THE COURT
This is a first appeal and we are duty bound to revisit the evidence afresh, analyse it, evaluate it and reach our own conclusion provided that we are minded that the trial court had the advantage of seeing the demeanour of the witnesses and hearing them and thus give allowance for the same – see the oft-cited case of Okeno v. Republic [1972] EA 32 on the duty of a first appellate court. That statement of the law will also be found in our recent decision in Raphael Isolo Echakara and Anor v. Republic (Kisumu) Criminal Appeal No. 44 of 2013 (ur) amongst many others.
The charge that faced the appellant was that of murder contrary to Section 203 as read with Section 204 of the Penal Code. It was alleged in the Information that on 8th February, 2008 at Lubambo village in the then Kakamega District the appellant murdered Christopher Musinzi.
The prosecution called seven witnesses and at the close of that case the trial Court found that the appellant had a case to answer…