JUDGMENT
The appellants herein Zadock Wamalwa (Wamalwa), Francis Barasa Wakhungu (Wakhungu) and Eric Sifuna (Sifuna) were on 10th December, 2013 arraigned before the High Court at Bungoma on a charge of murder contrary to section 203 as read with section 204 of the Penal Code. The information charged that on the 16th of October, 2013 at Sintayi Village, Bungoma County, the appellants and one Dismas Wanyonyi Wanjala (Wanjala) murdered David Wanyonyi Nyongesa.
They all pleaded not guilty and a trial ensued before Aroni, J. The prosecution called 9 witnesses and each of the appellants and Wanjala when placed on their defence, gave sworn testimony. By a judgment delivered on 21st February, 2017, the learned Judge found the charge proved and convicted all the accused persons before her. She took their mitigation and then sentenced each to serve 20 years in prison. Wanjala, having been 16 years old at the commission of the offence and 20 years old at the time of sentencing, was sentenced to c…