JUDGMENT OF THE COURT
On 28th March, 2006, at around 7.30 pm or 8.00 pm depending on the evidence of those who last saw Gideon Mwenda (deceased), that was the last time he was seen alive at Rubiru Market. Samuel Mwethia M'Rimberia (PW 2), also a brother of the deceased, he told the court that on the material day, at about 7.30 p. m. he left the deceased at the shop of Francis Guantai (PW 1). The deceased was also seen at about 8 p.m. by Cyrus Muriungi (PW 6) a local civil leader at the time, who told the court that, he saw the deceased bending over a counter of the shop of (PW 1), while Zakayo Rukaria Kamakia (the appellant) was standing along the road across the shop. Apparently, PW 1 testified that at about 7.00 p.m., it is only the appellant who came to his shop in the company of other people. They bought items from his shop but the deceased was not among those people.
PW2 testified that at about 8 p.m., he heard the wife of the deceased being called and the caller was saying the dec…