JUDGMENT OF THE COURT
Josiah Mwai Muya, “the appellant” hereinafter, was tried before Ombija, J, sitting with the aid of assessors, on Information which charged him with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the Information were that on the night of 23rd and 24th October, 2002 at Githunguri Village in Kiambu District within Central Province, the appellant murdered Rose Wanjiku Mwai, hereinafter “the deceased.” As is obvious from her name the deceased was the appellant’s wife. From the evidence on record, she was not the appellant’s first wife; she was the second wife to be married by the appellant, the first wife with whom the he had several children such as Regina Nyambura Mwai (PW4 – Regina) and Sarah Wairimu Mwai (PW7 - Sarah), having died. The appellant’s children with the deceased were Josiah Muya Mwai (PW1 – Josiah), Samuel Mbugua Mwai (PW2 – Samuel), Paul Njoroge Mwai (PW5 – Paul) and Naomi Muthoni …