JUDGMENT OF THE COURT
On 7th September, 1992 Ernest Mutende (PW1) was driving his Datsun pick-up vehicle when, near a place known as Foreman's Camp, near a sisal estate in Taveta, he met the appellant Salim Menza Mganga and Musia Nguku Kitemi and offered them both a lift. According to Mr. Mutende the appellant was not keen on taking up the offer of the lift but Kitemi (hereinafter referred to as "the deceased") was not averse to accepting the offer. Mutende then left both the appellant and the deceased walking together. That was the last time the deceased was seen alive. The rest of the evideWnec e coofm e Muntoewn dteo itsh eo f evniod eanscsei stoafn cPee.ter Getone (PW2). His evidence, as recorded, does not help either the prosecution's case or the defence case. What he said was that his father's (the deceased's) two bulls had gone off after the appellant's cows on 5th September, 1992 and were "arrested" at the sisal farm belonging to Hon. Basil Criticos and that, he saw the decease…