JUDGMENT OF THE COURT
Nemwel Ombogo Nyambariga, the appellant herein, was tried and convicted in the High Court at Kisii (Musinga, J) on Information that had charged him with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the said Information were that on the 14th day of November, 2008, in South Gucha District of the then Nyanza Province, the appellant murdered T.N.A, hereinafter “the deceased.”
The deceased was a widow, her husband having died in 2006. Her 14 year old daughter R.A (PW1) was staying with her. After the death of her husband, the appellant had inherited the deceased in accordance with their custom. He had also inherited R.M.A (PW2) who appears to have been a co-wife to the deceased. M swore that the appellant was a violent man and would beat her particularly after he had taken liquor. Both R.A and R.M.A were unanimous that the appellant was in the habit of assaulting the deceased and that he had even …