JUDGMENT OF THE COURT
On 4th June, 2010 the High Court at Nairobi was informed that the appellants, Godfrey Maina Muiruri and Joseph Murimi Kaniaru together with others not before court had murdered Badira Amina Mohamed, “the deceased” contrary to Section 203 as read with Section 204 of the Penal Code. The particulars were that on 21st May, 2010 at Kibera Laini Saba in Nairobi County, the appellants murdered the deceased. They denied the information and soon thereafter their trial commenced in the High Court of Kenya at Nairobi. In a bid to prove its case against the appellants the prosecution called a total of 10 witnesses. The prosecution case in brief was as follows:
The 1st appellant’s family and that of the deceased lived within walking distance of each other at Kibera Laini Saba. The 1st appellant’s son, Simo had an affair with the deceased. The deceased as a result got pregnant and gave birth to a baby girl. She was staying with her parents; PW1, Zuleha Ibrahim and PW4, Bakit Moh…