JUDGMENT OF THE COURT
The appellant herein, Miriam Muthoni Kariuki, was arraigned in the superior court with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence in the information were that on 17th day of September 2005 at Githunguri sub-location in Muranga District within Central Province she murdered Michael Muchiri Muthoni, herein “the deceased.” The deceased was the appellant’s son and they both lived with the appellant’s father Kariuki Muchiri Kagucia (PW1) in his house. It was the evidence of PW1 that the three slept in that house on the night of 16th September 2005 and that when PW1 woke up at around 5.00 a.m. on 17th September 2005 he heard the appellant go out of the house and thought she had gone to the toilet, but when he got out of bed an hour later and went to the toilet, he never saw the appellant there and could not tell where she was.
The appellant came back at around 7.00 a.m. and prepared breakfast wh…