JUDGMENT OF THE COURT
The appellant JOHN MUTUMA GATOBU appeals to this Court against the conviction and sentence of death imposed on him by the High Court at Meru (Lesiit J) for the murder on 10th November 2007 of Faith Kiende Mutuma and Makena Mutuma, who were his wife and daughter, respectively.
The prosecution case, established by some five witnesses, was that on the material night, at about 12.30 am, JOSEPH MWANGI (PW1) a neighbour of the appellant’s, was awakened by a woman’s screams emanating from the appellant’s house where he lived with his young family. PW2 responded to those screams by going to the appellant’s house and calling out the appellant’s name. He got no answer whereupon he proceeded to the nearby house of Stanley Gatobu Kirimania (PW3) who is the appellant’s father, and woke him up.
PW2 and PW3 then walked back to the appellant’s house. By this time the screams had ceased and when PW3 called the appellant, he said something that PW3 could not make out. PW2 and PW3 the…