JUDGMENT OF THE COURT
Ouko J, with the aid of assessors, tried and convicted Safari Galgalo Komoro, the appellant hereinafter, on an information which charged the appellant with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the information were that on 21st day of September, 2003 at Milikini Village in Adu Location within Malindi District of the Coast Province, the appellant murdered Kobra Bashora Shena, hereinafter “the Deceased”.
The alleged offence took place in the home of Katana Mae (P.W 9) where there was a birth-day party for the child of Mae. Before going to that home, the appellant passed through the home of the deceased and together with Eguda Obira (P.W 1), a son to the deceased, the two proceeded to the home of Mae. There was really uncontroverted evidence both from the prosecution witnesses and the appellant himself that there was consumption of liquor (palm wine) in the home of Mae to celebrate the bi…