JUDGMENT OF THE COURT
On 15th September, 2003, Thomas Sangare Kelolong, the appellant herein, together with Johnvey Atera Mariera appeared before Wambilyangah, J. sitting in the High Court at Kisii and the two were charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the information were that on 14th July, 2003 at Ntimaru Trading Centre in Kuria District of Nyanza Province, the appellant and his co-accused person Mariera jointly murdered Michael Onyango Apati, hereinafter, “the deceased”. Right from the first time the appellant and his colleague appeared in court, they were represented by an advocate, one Mr. Ondika who held the brief of Mr. Mogire. Wambilyangah J. read and explained the charge to the appellant and his colleague; they pleaded not guilty to the charge.
On 9th December, 2003, the two, this time around, appeared before the late Bauni, J. The appellant was then represented by Mr. Sunkuli and Mr. …