JUDGMENT
The appellant’s wife, the deceased, was on the evening of 11th October, 1989 admitted at Kenyatta National Hospital (the Hospital) in a serious condition after sustaining 80% burns of her body by fire. Soon after 11.00 p.m. on the same day, I P Eliud Wanyonyi (PW12) who then attached to Nairobi Area Police Control Room visited her at the Burns Ward of the hospital where she was admitted. On asking her what happened, she told him that the appellant had set her ablaze after accusing her of coming home late while drunk. According to PW12, the deceased had burns all over her body and was in great pain as she spoke to him.
On 16th October, 1989, Sgt James Mutua (PW14) accompanied by the appellant visited the deceased at the hospital. According to him, although he was not of the Kikuyu tribe he understood a bit of Kikuyu language. The appellant and the deceased were both of the Kikuyu tribe. As the two conversed in their Kikuyu language in the presence of PW 14, the latter heard the …