JUDGMENT OF THE COURT
On 15th January 2012, the remains of MBO (the deceased), a student at [Particulars Withheld] Secondary School, who had earlier been reported missing were discovered near Lake Victoria. As a result of investigations, the appellant Silas Obonyo Nunda alias Moses Oduor Omondi was arrested and arraigned before the High Court in Homa Bay and charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on the 28th day of December 2011 at Mbita Township in Mbita District within Homa Bay County in the Republic of Kenya, jointly with others not before the court, murdered the deceased.
The appellant denied the charge leading to a trial in which the prosecution called 8 witnesses in support of its case. Evidence was adduced that the deceased was a student, who used to live with his uncle Paul Kita (PW5) in Mbita during the school days. Also, the deceased would, from time to time operate a motorbike to conduct…