JUDGMENT OF THE COURT
J K M, the appellant was after trial convicted by the High Court of Kenya at Nairobi (Etyang J) on 18th November, 2002, of the murder of his wife R M K at [particulars withheld] Village in Nairobi and sentenced to death. He has preferred this appeal on the ground that the learned trial Judge should have found that the appellant acted in self-defence or was acting under the stress of grave, sudden and extreme provocation and should have been either acquitted or convicted of manslaughter.
The appellant and the deceased were married under Kamba customary law in about 1992. At all material times they cohabited at several estates within Nairobi. They were blessed with three children born out of that union, K M born on 30th December, 1992, N M born on 22nd February, 1995, and M K born on 14th January, 1997.
The appellant is a University of Nairobi graduate in Statistics and Computer Science. Upon graduation in or about 1987 he briefly worked with the Government but at the…