JUDGMENT OF THE COURT
The appellant, Samuel Karanja Kuria, was in an information filed in the superior court charged with murder contrary to section 203 and 204 of the Penal Code. The particulars of the offence were that on 21st June 2004 at Uthiru Village Kinoo Location in Kikuyu Division of Kiambu District in Central Province, the appellant murdered Mathew Mbugua Kimwaki.
According to the evidence adduced by prosecution, nobody saw the killing of the deceased but the appellant had between 10.30 p.m. and 11.00 p.m on the night of 21st June 2004 become an immediate suspect. The reason for the suspicion was that soon after the killing, a brother of the deceased, Evanson Kinyangi Kimwaki (PW1) was woken up from his sleep with a sad report that his brother had been found in a drunken state lying somewhere near Neighbours Bar. Accompanied by his other brother Noah Njuguna KimwaKi (PW4) they did a search of the area adjoining Neighbours Bar using a spotlight, because the area was poorly lit.…