JUDGMENT OF THE COURT
:Before the High Court of Kenya at Nakuru, the appellant was charged with two counts of the murder of NATILA LEMONGI and her four year old son JACKSON LEMONGI contrary to section 204 of the Penal Code which was allegedly committed on 10th March, 1994. The evidence available before the learned trial judge, however, indicated that the alleged murder of the two deceased persons may have been committed on 8th or 9th March, 1994. The former date appeared in the appellant's charge and cautionary statement in relation to the killing of NATILA LEMONGI which was recorded from him by I.P. JAMES NYAGA NDWIGA (P.W.9) at Maralal Police Station on 12th March, 1994 at 4.00 p.m. In his concluding remarks at the hearing of the appellant's appeal at Nakuru on 26th February, 1998, counsel for the appellant, Mr. Konosi, submitted that save for the variance in the dates of the offence with which the appellant was charged as is indicated above, the appellant's charge and cautionary sta…