JUDGMENT OF THE COURT
[1] This is an appeal from the Ruling of the High Court of Kenya (Ali-Aroni, J.) dated 17th August, 2017, in the High Court at Bungoma, Criminal Case No. 34 of 2014, permitting the counsel engaged by the victim of crime to participate in the trial of the appellant on specified terms.
[2] The appellant is charged in the said criminal case with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge allege that on 30th August, 2013, at Kimilili sub-location, the appellant murdered Mitch Barasa Kibiti. The deceased was a student aged about 22 years. The appellant pleaded not guilty to the offence and was released on bail pending trial.
The appellant is represented at the trial by three counsel. The father of the deceased, David Kabiti Barasa and his family were also represented by two counsel at the trial.
[3] After nine witnesses for the prosecution had testified, George Marunga, learned counsel for the fa…