JUDGMENT OF THE COURT
JOSHUA MATATA NDONYE, the appellant, (hereinafter called "the accused") was charged with murder contrary to section 203 as read with section 204 of the Penal Code on an information containing six (6) counts. In count 2 it was alleged that on 27th May, 1987 at about 8:30 p.m. at Kwakaseke Village, Mukaa Location in Machakos District within Eastern province the accused murdered Ndonye Matata. It was the murder of Ndonye Matata (the deceased) that the accused was found guilty of, convicted and sentenced to death. In all the accused had committed 6 murders. Five of the victims were his own children while the sixth was his mother.
On the fateful night, the accused returned home and found his wife Beatrice Mboli (P.W.1.) (Beatrice) asleep. Her 5 children Nzomo, Ndonye, Faith, Ndolo and Malinda had also gone to bed. The accused woke up Beatrice and asked her to give him some food. He specifically asked for chicken and Beatrice started preparing this for him. While the chi…