JUDGMENT OF THE COURT
These are first Appeals resulting from the Judgment of the High Court R. Lagat Korir, J, dated the 8th day of December, 2016.
The background to the appeals is that the 1st appellant in Criminal Appeal No. 49’A’/2017, No. 86231 P.C. Stephen Ariga, and the 2nd appellant in Criminal Appeal No. 49’B’/2017, No. 83103, P.C. Kennedy Ominde, were jointly charged before the High Court with four (4) others for 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 charge were that on the night of the 14th day of January, 2011, along Slaughter Earth Road at Ruaka area, Gigiri, within the Nairobi County, jointly murdered Stephen Gichuhi Njoroge. The appellants denied the charge, prompting a trial in which the prosecution tendered twelve (12) witnesses to prove the charge, while the appellants were the only witnesses in their defences.
The prosecution’s case was briefly that the appellants and thei…