JUDGMENT OF THE COURT
This is a first appeal from the judgment of the High Court of Kenya at Nairobi dated 15th October 2015 in Criminal Case No. 42 of 2011(R. Korir, J.).
The background to the appeal is that on 15th April 2011, PW4, CPL Simon Ekeno received a phone call from MGN (the deceased) reporting a threat to his life by his estranged wife, the appellant. On 16th and 20th of the same month, the deceased called PW4 promising to bring a witness to the threat, but he died before he could do so.
On the morning of 28th April 2011, PW2, CMG, received a phone call from a nephew informing him that the deceased had been murdered the previous night at his residence in Ruai. PW2 immediately left for the scene. On arrival, he found a large crowd gathered, among them police officers. On entering the house, he noticed blood splattered all over the walls and the floor.
The deceased’s mutilated body lay in the bedroom with cuts and knife stabs all over the body. The body was removed to the city mo…