JUDGMENT OF THE COURT
MARTIN OMOLO ODONGO alias JOHN ONDIRA, the appellant herein, was tried by the High Court of Kenya at Kisii (Bauni, J) with the aid of assessors (as the law then provided) on an information which charged him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the information were that on the 2nd day of October 2003 at around 0900 hours at Koninga Location, Rachuonyo District of Nyanza Province the appellant murdered DORINE OTIENO OCHICHI (the deceased).
The trial of the appellant in the superior court commenced on 13th May 2004 when two prosecution witnesses testified. These were Ulda Otuge Mbare (PW1) and Festo Mbare (PW2). The summary of the evidence of these two witnesses was that the appellant had been employed by Ulda (PW1) and her husband Festo (PW2) at their home in Koningo Sub-Location. The appellant used to sleep in the house of the son of the two witnesses who was overseas. On the morning of 2nd Octo…