JUDGMENT OF THE COURT
In an information dated 28th December, 2008, the appellant, DAPHIN NASIMIYU, faced two charges both of murder contrary to Section 203 as read with Section 204 of the Penal Code. In the first count she stood charged with the murder of Augustine Wasike and in the second count, it was alleged she murdered Joseph Wasike. Both were her sons and the offences took place on 7th December, 2005 at Nasusi Village, Nasusi Sub-location, Maeni Location in Bungoma District within Western Province. She pleaded not guilty to both charges but after the full hearing which began with the aid of assessors but somehow proceeded without them in respect of the last two witnesses, the learned Judge of the superior court, Mbogholi Msagha, J who took over the hearing from W. Karanja, J midstream, found her guilty as charged, convicted her and sentenced her to death in respect of the first count but ordered the sentence in respect of the second count to remain in abeyance.
The appellant felt …