JUDGMENT OF THE COURT
The appellant, James Ngugi Njoki, was charged before the superior court upon an information with the offence of murder contrary to section 203 as read with section 204 of the Penal Code respectively, particulars of which alleged that on 14th September, 2001 at Limuru Town, Kiambu District of Central Province, he murdered Joan Mbaika Kithome.
The circumstances of the alleged offence are puzzling as they are bizarre. The deceased in this case is Joan Mbaika Kithome. She was the appellant’s lover. On 13th September, 2002, the appellant went to collect her from her sister’s residence at Limuru. The time was between 7:15 and 7:20 p.m. The appellant said he wanted to go with the deceased to his aunt’s house, in Buruburu. There is no evidence on record that the two went to Buruburu. The deceased’s sister, Christine Mbithe Kithome (PW3) advised the appellant that she expected her sister to be back by about 9p.m. She never returned.
The next morning at about 9 a.m., the dece…