JUDGMENT OF THE COURT
Justis Onyaro Machuki, the appellant, was charged with three counts of murder, count one being the murder of his brother Ombui Machuki (first deceased), count two being the murder of his mother, Bathseba Ombui Machuki, (second deceased) and count three for the murder of his wife, Joyce Kerubo Oyaro (third deceased) before the High Court at Kisii contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on 20th February 2005 at Kanyimba Sub Location Gucha District within the then Nyanza Province, in count (I) he murdered Ombui Machuki and in count II, he murdered Bathseba Ombui Machuki. A plea of not guilty was entered on behalf of the appellant and the prosecution called 5 witnesses.
Briefly, the facts of the case are that on the 20th February, 2005 at about 9.00pm, while asleep in her grandmother ’s kitchen, the appellant’s daughter Lydia Oyaro, PW 5 (Lydia) heard her mother screaming for help. When she went to th…