JUDGMENT OF THE COURT
This is an appeal by the State against the acquittal of the respondent, Danson Mgunya, by the High Court at Mombasa, (Odero, J.), for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. In addition to the contention that his acquittal was proper due to the failure by the prosecution to prove its case beyond reasonable doubt, the respondent also challenges the right of the State to prefer an appeal in this Court against an acquittal by the High Court in the exercise of its original jurisdiction, contending that such right of appeal does not exist and if it does, it is in violation of the Constitution.
Before we consider the jurisdictional point taken by the respondent and the merits of the appeal, if need be, we shall first set out briefly the background to the appeal. At all material times, the respondent was a police officer, having served with the Administration Police for 35 years. He was the Corporal in charge of Kizingitin…