JUDGMENT OF THE COURT
The appellant MIRIAM GATI CHARLES (the appellant) was convicted by the superior court, (Kaburu Bauni J) of the offence of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death. She appeals against both conviction and sentence.
The particulars of the offence alleged that the appellant murdered one RONALD OTIENO on 25/11/2002. The deceased was an eight- days old infant. The parents of the infant are Lydia Akinyi Onyango (PW1) (Lydia) and Fredrick Onyango Ochieng (PW2) (Fredrick). The appellant was the second wife of Fredrick Onyango Ochieng. Fredrick was living with his two wives in one house which comprised of a sitting room, a bedroom used by first wife Lydia and a store where the appellant used to sleep. Fredrick and Lydia had lived as man and wife since 1996 and they had three young children including the deceased infant. He married the appellant about 21⁄2 months before the alleged murder of the infant. The appellant an…