JUDGMENT
The appellant, Stephen Mungai Macharia, was convicted of murder contrary to section 203 as read with section 204 of the Penal Code and consequent upon that conviction sentenced to suffer the ultimate penalty of death. The particulars of the offence stated that on the 30th day of November, 1986 at Marurui Coffee Estate in Nairobi within Nairobi area the appellant murdered MN.
The evidence before the learned trial judge, the late Mango J, was to the effect that on 29th November, 1986 Hannah Njeri Njora (PW3) sent her daughter MN (the deceased) to Ngomongo where she was received by her sister Lucy Wanjiru Kimani (PW4) at about 4.30 pm. On the following day the deceased went to church but she was never seen alive again since her body was found lying in a coffee plantation in Marurui Estate. There was no direct evidence showing what caused the death of the deceased.
According to the postmortem examination conducted by Dr Mwaura (PW12) this girl was aged about 14 years and her death w…