JUDGMENT OF THE COURT
This is the first and last appeal of PETER KIBUE WANYEKI, the appellant, who on 16th December, 2010, was convicted by the High Court of Kenya at Nairobi, after a trial, for the offence of murder contrary to section 203 as read with section 204 of the Penal Code, respectively. The appellant’s conviction was based on both direct and circumstantial evidence.
In the appeal before us Mr. Ondieki for the appellant submitted before us that the conviction was in error, in his view, because evidence linking the appellant to the offence was weak, indeterminate and if anything it shows that at best the appellant was probably guilty of the lesser charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code respectively.
The main witness at the appellant’s trial was Bernard Kahigu Gathu (PW1), a lorry driver and resident of Ruiru. On 18th March 2009 he was at his residence at Kihunguro Village in Ruiru, when at about 9 p.m. he left to go to a bathroo…