JUDGMENT OF THE COURT
The 1st appellant, Jacinta Wambui Mwangi, and the 2nd appellant, Patrick Karanja Mwangi, together with others not before Court were charged in the High Court at Nakuru with the murder of the deceased Joseph Mwangi Kagwi on diverse dates between 10th and 26th October, 2005 at Subukia Valley Farm Kabazi Location in the then Nakuru District. After a full hearing, the High Court, Kimaru J. found the two appellants guilty of murder and sentenced each one of them to death provoking a first and probably last appeal to this Court. The first appellant was the wife of the deceased whereas the second appellant was the son of the deceased.
The background facts in this matter, according to the evidence presented by the prosecution in the trial court, were that the deceased had a farm in Gatundu where he resided with his family members including the appellants. The deceased decided to dispose of the Gatundu farm and relocate the family to Kabazi area of the then Nakuru District.…