JUDGMENT OF THE COURT
[1] This is a first appeal lodged by Sammy Mulai (appellant) against his conviction and sentence by the High Court (Mutuku, J) for the offence of murder, contrary to section 203 as read with section 204 of the Penal Code. The information against him alleged that on the 9th of February 2012 at Nzalae sub location of Migwani District within Kitui County, he murdered Mwanzia Nyeki (the deceased).
[2] During the trial, 12 witnesses testified for the prosecution, while the appellant gave a sworn statement in his defence and called no witness.
[3] According to the prosecution evidence, on 9th February 2012, the deceased was at a club known as Club House located within Nzalae Shopping Centre in Kitui County. He was in the company of his brother Munyoki Nyeki (Munyoki), Peter Sila (Peter), Alexander Kambu Kitali (Alexander) and one Paul Kavisi (Paul). At about 7.00 pm the appellant arrived at the club and proceeded to sit at the counter, while the others continued drinking …