JUDGMENT OF THE COURT
Phinius Gikunda M’Nthiri, the appellant herein was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, Chapter 63 of the Laws of Kenya. The Information is that on the 14th day of May 2006 at Gatimbi Location in Meru Central District within the then Eastern Province, murdered Francis Mutua M’Gitwamikwa.
The deceased and the appellant were family friends. PW1 testified that he was at his home on 14th May 2006 and at 5.00 pm he heard screams; one person was chasing the other and he found that the deceased was being chased by the appellant; they both appeared drunk. When they entered his home, he inquired what their problem was and the deceased informed him that the appellant was chasing him for some money. He ordered them out of his compound. A little later on the same day, PW1 again heard screams from the deceased that the appellant was beating him. PW1 in the company of two other people went to the scene of the scre…