JUDGMENT
Janet Muviti Kathuku, the appellant herein,and a man called Daniel Kapepa were jointly tried before the late Mango, J sitting with assessors on a charge of murder contrary to section 203 of the Penal Code. The particulars of the charge against the two had alleged that on the 31st March, 1987 at Embakasi village in Nairobi area, the two of them jointly murdered one Tabitha Kavuu Musyoki, Tabitha hereinafter. At the end of their protracted trial, the learned judge and the assessors unanimously found Daniel Kapepa not guilty of the murder and he was accordingly acquitted. The judge and the assessors, however, found the appellant guilty as charged. She was accordingly convicted and sentenced to death. This appeal is against that conviction and sentence.
We are grateful to the very lucid and precise submissions of Mr Mwangi Mbuthia, learned counsel for the appellant, who has thus made our task in this appeal that much easier than it would have otherwise been. Having listened to Mr M…