JUDGMENT OF THE COURT
On the morning of 3rd January, 2011, in Kwale County, the appellant came home from a journey to news that his wife had been raped and robbed of a suitcase full of clothes the previous night. She had identified the culprit as one Andrew Masai Mongo alias Andrea (deceased); a neighbour. The appellant promptly reported the matter to Rashid Hamisi Mwanyikezi (PW4) who was the village chairman and later to APC Bosco Mulwa (PW5) of Jengo Patrol Base, who advised him to avail his wife and pay Kshs.200/- for purposes of having a P3 form processed. He thus decided to go back home to get the funds and fetch his wife.
On arrival however, he found the deceased ensconced in his homestead with a friend, Mugandi Kombo Mwamosa (PW2). He ordered them to leave but when they failed to heed his request, a fight ensued between him and the deceased, in the course of which the deceased was stabbed to death. The appellant then fled from the scene on his bicycle telling PW2 that he was goi…