REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NYERI
CRIMINAL APPEAL NO 82 OF 1986
Karigu and Others.................................................appellant
v.
Republic...........................................................respondent
Judgment.
The three appellants were charged with and after a lengthy trial were each convicted of the offence of murder contrary to section 204 as read with section 203 of the Penal Code.The particulars of the offence alleged that on 14th August, 1983 at Ex-Lewa Town in Meru District of the Easter Province the three accused jointly murdered Sarah Wanjiru Muita.
There is no dispute that the deceased was the estranged wife of the first appellant, Kennedy, Kennedy Wachira Karigu, and sister-in-law of the second appellant, Stanley Muriuki Karigu. On the evidence there was no relationship between the third appellant, James Kinuthia Ndungu and the deceased or indeed with the other two appellants.
It is in evidence that as a consequence of the matrimonial diff…