JUDGMENT
The appellant was arraigned before the High Court at Malindi on a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars set out in the information were that on the 25th March 2016 at Rima Ra Pera village, Dangarani Sub-Location, Mitangani Location, in Ganze District within Kilifi County, the appellant murdered Kahaso Ngumba Kenga. The appellant pleaded not guilty, paving way for a trial. After the full trial the appellant was convicted and sentenced to 30 years imprisonment. Aggrieved by the said conviction and sentence, the appellant filed this appeal.
The case of the prosecution was as follows. On 25th March 2016 at about 9:00 pm, PW1 Kahindi Kanze Katana a herder at Rima Ra Pera heard a knock on his door and recognised the voice of the appellant telling him to come out. The appellant was his cousin. PW1 asked the appellant why he had come out at night and the appellant told him that he wanted to tell PW1 something. PW1 went out …