JUDGMENT OF THE COURT
This is a straight forward and non intricate case.The deceased Mary Auma Oduor was the wife of Richard Obara Obara (PW6) (Richard) who in tum was the brother of the appellant Dominic Omoro Obara. Thus the deceased was the appellant's sister in law. Her husband Richard was at the relevant time living in Tana River in Bura Irrigation on Settlement Scheme as a farmer. The deceased lived at their matrimonial home at Nyadorera 'B' Sub-location in the then Siaya District now Siaya County. Although Daniel Okoth Ochieng (PW1) (Daniel), Hendrika Obare (PW3) (Hendrika) and George Omondi (PW9) told the court in their evidence that the deceased was not mentally stable, her husband Richard maintained that she was not mentally ill. Whatever was her mental condition, Daniel, Michael Odhiambo (PW2)and Hendrika stated, and were supported by the appellant, that on the night of 16th July, 2009, between 9.00 pm and 10.00 pm there were altercations between the deceased and the appella…