JUDGMENT
The appellant was arraigned before the High Court at Eldoret on a charge of murder contrary to Section 203 as read with 204 of the Penal Code. The particulars set out in the information were that between 20th October 2009 and 25th October 2009, at Kapseret village in Uasin Gishu District within Rift Valley Province, the appellant jointly with other not before the court murdered Wilson Kiprop Simei. The appellant pleaded not guilty to the charge and a trial ensued.
The prosecution lined up 12 witnesses. PW1 testified that he knew neither the deceased nor the appellant. On 20th October 2009, at 11:00 am, he was with his wife at Small Town inspecting his farm. Along the road at Ndalat, at the junction near Raiply, PW1 saw a car registration number KAM 516Q make Toyota Starlet with the bonnet open. There was also a motorcycle. On the side, PW1 saw three men holding a man down who was crying for help. They bundled him into the car. There were a total of four persons. A motorbike rid…