JUDGMENT OF THE COURT
SUSAN KAHINDI, the appellant, was after trial convicted by the superior court (Lesiit, J) of the offence of murder contrary to Section 203 as read with Section 204 and sentenced to death.
According to the information filed by the Attorney General, the appellant on 1st June, 2009 at Kawangware 56 in Nairobi West District within Nairobi Province murdered Isaiah Mutwiri, the deceased.
The case for prosecution as presented before the trial court established the following facts. The deceased and the appellant had lived as husband and wife since 2002 and had a seven year old child. On the material day at about 8 p.m., appellant left the house of a woman whom they fellowshipped with at the Catholic Church for home. She knocked at the door several times but the door was not opened for a considerably long time. She thought that her husband was deeply asleep. However, after some time a woman known as Mwende (not called as a witness), opened the door. She had a towel wrapped a…