JUDGMENT OF THE COURT
The High Court at Kisii was on 3rd June, 2010 informed that the appellant, Samson Otieno Odoyo had murdered Tom Mbuya Mayiecha, hereinafter “the deceased” on 9th May, 2010 at South Kanyajuok Sub-location in Rongo District within Nyanza province. When called upon to plead to the information the appellant denied his involvement in the death of the deceased and accordingly stood trial. On 5th February, 2013 and before the commencement of the hearing of the case, it was transferred to the newly set up High Court at Homa Bay for hearing and determination. The prosecution called a total of seven (7) witnesses to prove its case against the appellant
The prosecution case in a nutshell was that on 9th October, 2010 at about 6.00p.m, the deceased, his wife Margaret Akello Omollo (PW1) and their son, Felice Odhiambo Omollo, (PW2) went to the house of the appellant whom they suspected to have stolen their 151⁄2 litres of illicit brew, namely, changaa. The appellant was a nephe…