JUDGMENT OF THE COURT
The genesis of this appeal is a charge sheet dated 12th March, 2001 in which the appellant, Paul Njenga Kariuki, (as the third accused) was jointly charged with his two brothers, John Mwangi (as 1st accused) and Joseph Njuguna Kariuki (as 2nd accused) with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on the 11th day of February, 1992, at Lesirko Scheme in Nyandarua District of the Central Province the three jointly and unlawfully, with another not before the Court, killed Kariuki Marima. The fourth person stated to be not before the court was the mother of the three men and the victim of the crime was the father of the three and the husband of the one who was not before the Court. The one not before the court had been arrested but escaped from the police custody and has never been traced. This is a sad case in which three sons and their mother were alleged to have killed their own father and hu…