JUDGMENT OF THE COURT
The facts giving rise to this appeal are tragic. A summary of the same will make this clear.
v. J A A (the deceased) married D O W (hereinafter referred to as D or the husband) at a marriage ceremony celebrated on 31stMarch, 1990, at St. Paul’s Catholic Church in Nairobi. They were blessed with two children both of whom, unfortunately, had a medical condition which the witnesses described as “cerebral palsy, autism and polio.” D and his family blamed that condition on the deceased. As a matter of fact, D’ father told C O O, PW5 that the childrens’ condition was attributable to the fact that the deceased herself was “a child of an adulterous relationship.”After the birth of the second child in 1994, with that condition, D abandoned the deceased and the children and gave them no support at all.
In 1997, D was involved in a tragic accident which rendered him physically and mentally incapacitated. To date, he is on a wheel chair and unable to hold any comprehensive comm…