JUDGMENT OF THE COURT
Simon Kipkorir Koech, the appellant herein, was tried before Mary Angawa, J on an Information charging him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the Information were that on the 25th March, 2008 at 8.00 p.m. at Chebiwor Farm in Kipkelion District of the Rift Valley Province, the appellant murdered Peter Kiprotich Koech, the deceased.
It is not quite easy to understand the proceedings as recorded by the learned Judge, but what we generally gather from the record is that the deceased was the brother of the appellant and it appears the deceased used to take his meals in the appellant’s house. On the 25th March, 2008, Hillary Koech Sang (PW1), who was a neighbour of the appellant, visited the appellant’s house. The appellant and the deceased were there and it would appear from the evidence of Hillary that the appellant and the deceased were quarreling over food, with the appellant complaining that t…