JUDGMENT OF THE COURT
1. This is an appeal by Charles Njonjo Gituro (appellant) against conviction and death sentence imposed by the High Court (Lesiit, J.) on 22nd July, 2010. The case involved a husband and wife who got engaged in what they may have thought was an ordinary domestic quarrel but which unfortunately left the wife dead, the husband sentenced to death and a seven (7) year old child left bereft of parental care and protection.
2. The facts leading to the said incident as narrated by the witnesses who testified before the High Court were as follows: Mercy Nyambura Mburu (PW1) (Mercy) was a neighbour to the deceased (Regina Nyambura Njonjo) at a place called Ngorongo in Gatundu North. On 5th April, 2009 at about 10.00 p.m she was asleep in her house with her three children. She heard a knock on her door and when she opened, she found the deceased standing there stark naked. She also had some burns on her body. Upon enquiry, the deceased told Mercy that it was her husband who …