JUDGMENT OF THE COURT
The appellant, PON was sentenced to death by the High Court for having caused the death of MAN on 6th January, 2008 at Maalek Hotel and Lodging, Githurai 45 within Nairobi County.
The prosecution’s case against the appellant was built around the evidence of 11 witnesses, the combined effect of whose evidence was that after being introduced to each other by a mutual friend in 1999, the appellant and the deceased developed a relationship that culminated in the form of marriage known in common parlance as “come we stay” and were, for all intents and purposes regarded as man and wife.
It was further the case for the prosecution that the two had 2 daughters.
There were disagreements in their marriage which was traced to 2002 when the appellant, who was an officer of the defunct Kenya Army now Kenya Defence Forces was deployed to Sierra Leone for a Peace Keeping Mission leaving behind the deceased who was pregnant with their second child. Upon his return in 2004, the appel…