JUDGMENT
Introduction
The accused persons herein are Francis Ouma Odhiambo and Michael Oyombra Muyale. They are jointly charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence are that on the night of 3/2/22 at Siriwo Location, Central Gem sub-location within Siaya County, the accused persons jointly murdered one Stephen Onyango Oyier.
The accused persons pleaded not guilty to the charge and the matter proceeded to full trial. The prosecution called nine (9) witnesses in support of its case which is summarised herein below.
The Prosecution’s Case
Samuel Demba Ombogo testified as PW1 and recalled that on the 3/2/2022 at mid-night, he was in his house studying the Bible when he heard shouts from far calling for help and saying, “help me help me, Frank is cutting me” then his wife informed him that it was the voice of Onyango crying. PW1in the company of his wife carried their respective D-light…