JUDGMENT OF THE COURT
The appellant, NATHAN MWITO M’IBABARI was charged with the offence of murder contrary to Section 203 as read with section 204 of the Penal Code. The particulars on the information were that on 6th September, 2005 at Kabuiti village, Ngunyunyu Location in Meru North District within the Eastern Province he murdered CHRISTINE MUKIRIA MWITO.
The appellant denied the charge and the trial proceeded for hearing before Ouko, J (as he then was) who recorded the evidence of WINFRED KINYA MWITO (PW1), DANIEL THURANIRA (PW2); and DR. JOHN LUGEDI (PW3). On 21st July 2009 the trial was taken over by Kasango, J, who informed the appellant of his rights under section 200(3) of the Criminal Procedure Code, and the appellant elected to have the case proceed from where it had reached. Kasango, J thereafter recorded the evidence of CORP VINCENT KEMBOI (PW4) and SAMPSON MUNGATHI (PW5). In a ruling dated 2nd October, 2009 the court found that the appellant had a case to answer. In his d…