JUDGMENT
The four appellants were jointly charged with the murder of one Mohamed Takuyu. They were duly convicted in the High Court (Simpson J) and they now appeal to this Court against their convictions.
The case for the prosecution was that the appellants and the deceased were charcoal burners operating from a camp in a forest at Bidilimole in Kwale District of the Coast Province. The appellants decided to kill the deceased and another man said to be Somalis and to steal their money.
They invited two other charcoal burners Kalume Charo (PW 2) and Karisa Mwavilo (PW11) to join them but they refused. On a later day probably the 30th October, 1978, the 4 accused told Kalume and Karisa that they had killed the Somalis. They led Kalume and Karisa to a place in the forest where the Somalis’ clothes and other property were lying. The 4th appellant destroyed these items by pouring paraffin on them and setting it on fire. Then the appellants took Kalume and Karisa to a pool in the forest where …