JUDGMENT
This is a first appeal arising from the judgment of the High Court of Kenya sitting at Nakuru in Criminal Case No. 45 of 2010 delivered on 14th January, 2013 by R. P. V. Wendoh, J.
The background to the appeal is that the appellant was charged before the trial court with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the information were that on the 11th April, 2010 in Narok North District within the Rift Valley Province, jointly with others not before court murdered AW. The appellant denied the charge prompting a trial in which the prosecution tendered evidence through eight (8) witnesses to prove the charge against the appellant while the appellant who gave sworn evidence was the sole witness in his defence.
The prosecution case was that on 11th April, 2010, PW5, LKK, father to the deceased left the deceased, PW2 and other younger children in the home while he escorted his wife with a sick child to Narok Hospital. H…