JUDGMENT
This is a first appeal arising from the judgment of the High Court at Nakuru (Emukule, J) dated December 11, 2014, in Criminal Case No 107 of 2008.
Background
The background of the appeal in summary, is that Joseph Mariga Maruga (the appellant herein) 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 October 21, 2008 at Mwireri village in Nyandarua District within Central Province, he murdered Mercy Lorunye the deceased herein.
The appellant denied the charge prompting a trial in which the prosecution tendered evidence through ten witnesses to prove their case against him. The appellant on his part gave sworn testimony in which he maintained his denial of the charge. He did not call any witnesses.
The brief facts of the prosecution’s case were that on the ill-fated day, PWI, Rose Lameuri a sister to the deceased, PW3 Roseline Mubemba a daughter to PW1, PW4 Samuel Ngolong Arape a…