JUDGMENT OF THE COURT
Jane Muthoni Muriuki, the appellant herein, was charged before the superior court with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on 4th day of June, 2004 at Ragati village of Karatina Division of Nyeri District within Central Province the appellant murdered Mary Wanja Mureithi (the deceased).
During the trial in the superior court evidence was led to show that the appellant was the mother of the deceased, a female child, aged about 11⁄2 years old. On 4th June, 2004 the deceased fell sick and the appellant was asked to take her to the hospital. The appellant was seen by various witnesses who she told that she was taking her child (the deceased) to the hospital. But when she was later seen without the child she said that she had taken the child to her husband’s home. Among those who saw the appellant with the child were Margaret Wamuyu Wambugu (PW2), Pauline Waithira Kabongi (PW4…