JUDGMENT OF THE COURT
The disheartening part of this case is that the deceased (John Mutembei Kimotho) met his death when he intervened to stop a fight between two people. The appellant was fighting with one Justus Mutegi Mwambia and when the deceased intervened, Mutegi who had been pinned down managed to escape and the appellant turned his wrath against the deceased and hit him with a stick on the forehead- and the head cracked immediately. When the deceased fell down, the appellant continued hitting him on the head. The wife of the deceased came to the rescue of her husband whereupon the appellant hit her on the left hand. One of the grounds of appeal is that Justus Mutegi Mwambia did not give evidence at the trial. We shall deal with this issue later in the judgement.
The Information against the appellant was that on 22nd January 2006 at Irari Village Kaare sub-location Meru South District within Eastern Province murdered John Mutembei Kimotho contrary to section 203 as read with sec…