JUDGMENT OF THE COURT
The appellants in this appeal, Samwel Robi Wangwi and Juma Moraga Wangwi are brothers. The High Court at Kisii was on 5th June, 2009 informed that the appellants had committed the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars in the information were that the duo murdered Daniel Monanka on the 2nd day of February, 2009 at Mturio village, Kehancha in Kuria District of Nyanza Province. The deceased was also a brother to the appellants. When the appellants appeared to take the plea on 11th June, 2009, before the High Court in Kisii, they both denied the information and soon thereafter their trial commenced.
In the opening address made to the court before Musinga, J. (as he then was), Mr. Gitonga, learned State Counsel informed the court that on the material day the deceased was going to the field to untether his two cows when he was accosted by the appellants who were his younger brothers. They were armed with pan…