JUDGMENT OF THE COURT
Kalama Mwaro Ngala, the appellant, was tried on an information which charged him with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the information were that on the 7th day of September 2004 at about 10.45 a.m. at Utange, Pendua Village in Bamburi Location within Mombasa District of the Coast Province, he murdered Mwaro Ngala, the deceased.
The prosecution case before the superior court was that the deceased had four wives with a large homestead which comprised ten houses at Pendua Village. He had seven sons living at the material time and the appellant was one of them. On the day in question, Kadzo Mwaro Ngala (PW 1), one of the deceased’s wives, was outside the deceased’s elder son’s house when she heard or saw the deceased screaming and saying in Kiswahili language – “Rama unaniua”, translated in English would mean “Rama you are killing me”. She saw Rama behind the deceased and he was holding a panga…