JUDGMENT OF THE COURT
The appellant jointly with Polycarp Onyango Yogo (now deceased) were charged with the offence of murder. The Information was that on the 27th day of March 2014 at East Kachieng Sub-Location in Ndhiwa District of Homa Bay County within the Republic of Kenya they jointly murdered DOO.
The prosecution case was founded on the testimony of an eye witnesses PW2 SOO a boy 14 years’ old who after voire dire examination testified as follows:
.... Polycarp Onyango is D’s father. D was our neighbour.... I recall on 27th March 2014, I was at home. I had gone to school. We left at 4.00 pm. I went to look for firewood. I went with D. Afterwards we went to play football. D sent some boys to come and catch him (sic). We told those boys to go away......We told those boys not to catch D. His father came and left with him. D’s father was alone. D tried to run away when he saw his father. His father chased him. He was trying to run to another home. He was caught near the hone. The home…