JUDGMENT OF THE COURT
1. The appellants, Mathews Khagadi, Maurice Odongo,Micah Shamala and Titus Amalemba were charged with the offence of murder contrary to section 203 of the Penal Code. The particulars of the offence were that on 15th February 2009 at Mumbetsa Village, Shimanyaro sub- location, Kakamega within the former Western Province of Kenya jointly with others not before the court they murdered Peter Isayi (the deceased). On 19th July 2012,after a trial, the High Court at Kakamega (Said J.Chitembwe, J) convicted the appellants for the offence and subsequently sentenced each one of them to serve twenty (20) years imprisonment.
2. They have appealed to this Court against that decision on the grounds that the trial court failed to properly evaluate the evidence; that it shifted the burden of proof to the appellants; that the appellants alibi defence was not considered; that the 3rd appellant’s age was ignored; and that the 1st and 2nd appellant’s right to a P3 Form was breached.
3.…