JUDGMENT
This is a first appeal arising from the judgment of the High Court of Kenya at Meru in Criminal Case No. 6 of 2012 dated, signed and delivered on 17th November, 2016 (R. P. V. Wendoh, J.).
The background to the appeal is that the appellant was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge were that on the night of 6th January, 2012 at Angaata area, Isiolo County, the appellant murdered Simon Natum Kokoi, hereinafter referred to as “the deceased”. The appellant denied the charge, prompting a trial in which the prosecution tendered evidence through eight (8) witnesses to prove the charge against him, while the appellant gave sworn evidence and called one witness in his defence.
The prosecution evidence as gathered from the evidence of Monica Akai, PW1, Sarafina Ngori Ekitala, PW2, James Salamat, PW3, Paulina Kadogo, PW4, Stephen Ekiliu PW5, Dr. Stephen Kiluva PW6, CIP Alex Mwandawiro, PW7, and C…