JUDGMENT OF THE COURT
The appellant herein, Julius Waititu Muthuita, was charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on the 11th day of August, 2002 at Theri Village in Murang’a District of the Central Province, jointly with others not before court, the appellant murdered Mary Wambui Makumi.
The trial of the appellant commenced on 18th December, 2003 before Okwengu, J. The Prosecution called eleven witnesses. The facts of the case may be briefly stated. On the night of 11th August, 2002 at about 9.00 p.m. Jane Makumi (PW 1) was at her home in Theri village where she was living with her mother. As Jane had a baby who was disturbing her she suddenly saw the light of a torch. She alerted her mother who was sleeping in a different room. There was a loud bang and two men burst into Jane’s room. These men were carrying powerful torches. Jane was pushed into her mother’s room. One of the men told her mother th…