JUDGMENT OF THE COURT
The two appellants NOLEGA SIMIYU and BENJAMIN KIBET LANGAT were arraigned before the superior court on an information which charged them with murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on the 16th day of January, 2003 at Makutano Township in West Pokot District within the Rift Valley Province the two jointly murdered DAVID WABWOBA. Each appellant pleaded not guilty to the charge and their trial commenced on 27th January, 2005 before Karanja J., who sat with three assessors (as the law provided then).
The summary of the evidence adduced before the superior court was as follows.
Everlyn Nafula Watila (PW1), Margaret Nasua Muchunju (PW2) and Nolega Simiyu (the 1st appellant) were living in the same house at Makutano when on 16th January, 2003 the deceased DAVID WABWOBA, who was a boyfriend of the 1st appellant paid them a visit. According to Everlyn and Margaret the deceased and 1st appellant coul…