JUDGMENT OF THE COURT
Shardrack Ayoro Owato, 1st appellant, Johnes Otieno, 2nd appellant and Kevin Odhiambo 3rd appellant, were tried before the late Mr. Justice Kaburu Bauni, sitting with assessors, on an information that charged them with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge were that on 4th December, 2003 at Mukuro Sub-Location Lower Suna Location in Migori District of Nyanza Province, the three appellants jointly murdered Albetus Ongwech Kithari, “the deceased” hereinafter. Kaburu Bauni, J. heard a total of four witnesses from the prosecution. He then placed all the three appellants upon their defence. Each appellant made an unsworn statement and after hearing submissions from the prosecuting counsel Mr. Chirchir and from Mr. Omari and Mr. Okenye for the appellants the learned Judge summed-up the case for the three assessors who had aided him in the trial. Each assessor after the summing-up by the Judge returned a …