JUDGMENT OF THE COURT
The appellants, Maurice Ogwel Onyango and Patrice Nyapara Onyango, were, on an information dated 28th October, 1999, charged with the offence of murder contrary to section 203 of the Penal Code as read with section 204 thereof. On 10th January, 1999 at about 6.00 p.m. Francis Ayot Ojwang (PW1) who is related to both the appellants was at his home when he heard noises from the road adjacent to his house. He saw the two appellants hitting Atieno Okombo (hereinafter referred as "the deceased") with sisal leaves. When Ojwang inquired into the cause of the beatings he was told to mind his own business as the appellants were allegedly chastising the deceased who had taken their brother's property, namely, a blanket and some household items, whilst the brother was in prison. His pleas to the appellants to stop the beating fell on deaf ears. He saw them both striking the deceased on various parts of her body. This witness learnt, next day, that the deceased had died. The …