JUDGMENT OF THE COURT
1. Richard Kamindu Ngungu hereinafter referred to as the appellant, was tried and convicted by the superior court (Mwera, J.), for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. He was alleged to have murdered Jane Kamindu on the 2nd November 1996. During the trial in the superior court, nine witnesses testified in proof of the prosecution case whilst the appellant was the only witness for the defence.
2. Briefly the prosecution evidence was as follows: The appellant and Elizabeth Kamindu (Beth) PW1, had been married for about 9 years. The two had 3 children including 12 year old J.K (hereinafter referred to as the deceased). The deceased who was born before the appellant and Beth got married, was apparently not fathered by the appellant. On 2nd November 1996, the appellant arrived at his house at about 8.00 p.m. He was in the company of his older brother Ndonye Ngungu (Ndonye) PW2. They found Beth and her 3 children in th…