JUDGMENT OF THE COURT
In this second appeal by Willis Ochieng Odero, (Odero) two broad issues have been raised namely, that the first appellate court did not subject the evidence adduced before the trial court to a re-evaluation, scrutiny with a view to itself drawing its own conclusions on the involvement or otherwise of the appellant; and secondly, that the trial court failed to comply with the mandatory requirements of section 200 of the Criminal Procedure Code, Cap 75 Laws of Kenya.
The background facts of this case are short and straightforward. Killion Otieno Akello, a resident of Kadero sub-Location where he engages in farming, was inside his house on the night of 7th February, 2001. At about 1.30 a.m. he was surprised by a bang at his main door. Someone barked a command to him to open the door or else it would be forced open. He armed himself with a panga and picked a torch which he said had new batteries. He then went and opened the door and readied himself to confront whoever …