JUDGMENT OF THE COURT
This is a first appeal by JUDITH ACHIENG’ OCHIENG’ from her conviction for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It had been alleged in the information filed by the Attorney General on 16th August, 2005 that the appellant did on 26th day of July, 2005 at Upper Kombewa sub-location in Kisumu District within Nyanza Province, murder Everlyne Awuor Ochieng. Everlyne, the deceased, was the appellant’s two year-old daughter. As this is a first appeal, we are obliged to subject the evidence on record to our own evaluation and assessment and come to our own independent decision on the issues submitted before us. In so doing however, we must have due consideration and make allowance for the findings and conclusions made by the learned trial Judge who had the added advantage of physically seeing and hearing the witnesses testify before him - see OKENO v. R [1972] EA 32. We shall shortly consider the factual issues raised i…