JUDGMENT OF THE COURT
This appeal is yet another case emanating from fatal marital discord.
The appellant was charged, tried, convicted of and sentenced to suffer death for the murder on 17th August 2007 of EUNICE KAGURE, his estranged wife of 5 years and mother to their two children.
The prosecution case before Lesiit, J. was that the deceased left the home where she lived with the appellant in July 2007 and went on an extended visit to her grandmother at Kanyayo Village. While there, she met and struck a relationship with one DANIEL KIRIGA CHEGE (PW2). PW2 had been a widower for some 7 years. He and the deceased, who considered herself separated from the appellant, were quite serious about being hitched. They visited a Voluntary Counseling and Testing Centre (VCT) on 3rd August 2007 to ascertain their HIV status. The results being propitious, they commenced cohabitation.
That cohabitation would prove to be tragically short lived for, on 17.8.07, while PW2 was away, the appellant came ca…