JUDGMENT OF THE COURT
The appellant, James Malowa, was charged together with one William Atinga with the murder of Blazio Kasaja. He was convicted in the High Court at Kisumu (Cotran J); Atinga was acquitted. The appellant (to whom we will refer as “Malowa”) now appeals against his conviction.
The house of Blazio was attacked by a gang of robbers on 5th December 1977. Blazio, who was sleeping in the kitchen, was dragged outside. He was attacked and severely injured, and died from his injuries on 27th December. Before he died, he named Malowa and Atinga as having been his assailants, to a number of witnesses. Blazio’s wife Paulina, alerted by the noise, looked out of a window. She deposed that, by moonlight, she saw four men, two of whom she knew well. They were Malowa and Atinga.
She saw them enter the kitchen, and heard the sound of blows. She saw Malowa and Atinga remove a bicycle, a bed, and other property from the kitchen, after which they dragged Blazio out of the kitchen and Malowa…