JUDGMENT OF THE COURT
WILSON HINGA MBURU, the appellant, was convicted by the superior court, Ombija J, sitting with assessors in Nairobi for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
According to the information filed by the Attorney General, the appellant on 28th November, 1999 at Dagoretti Centre within Nairobi area murdered Ernest Gichugu Kungu, the deceased.
From the evidence tendered by the prosecution through six witnesses, the trial court found as proved facts that at about 5.30 am, the deceased, a matatu driver, and the appellant, a tout, both went to Flour Mini Hotel for breakfast where they were served with tea, mandazi and eggs. Five or so minutes later after they left the hotel, there were shouts to the effect that the deceased had been stabbed and that assistance was needed to rush him to hospital. He never made it as he died on the way.
Before the appellant and the deceased left the hotel, one witness Francis Kinuthia (PW 5) h…