JUDGMENT OF THE COURT
The appellant PETER NDETO KIMEU, and two others who were acquitted after trial, were charged with the murder of a lady known as Monicah Kabuta Mulinge on the night of 26th - 27th August, 1986 at Kathekani Village in Mtito Andei, Machakos District. The appellant was in the event convicted as charged and was sentenced to death.
The prosecution's case is that on 26th August, 1986 at about 4.00 p.m. the appellant went to the deceased's house and inquired about her. As she was not at home the appellant went away and returned later carrying a panga. The deceased had then arrived and was in her house. The appellant called her out so as to go and inspect a common boundary between their pieces of land. The deceased never returned home. Her body was found next day lying dead beside the railway line that passes through Kathekani Station. The appellant, however, had returned to the deceased's house at about 7.00 p.m. after the boundary inspection to collect pepper prepared for…