DAN KENNEDY OMONDI V. REPUBLIC

JUDGMENT OF THE COURT

The background facts giving rise to this appeal portray a sad state of affairs. P.W.1, MERCY WAMBOI KIMANI left the city of Nairobi at around 5 p.m. on 10th December, 2008 in the company of her husband, the late PATRICK KIMANI MBUGUA. Her husband was driving motor-vehicle registration No. KBD 570 W. They got to their gate at around 7.30 p.m and she alighted to go to NANCY MUGECHE’s house, a neighbor, for prayers. She left her husband proceeding to park the motor-vehicle. No sooner had she reached the neighbour’s house than she heard gunshots emanating from the direction of her house. She also heard her husband calling her loudly. Shortly thereafter, she saw their motor-vehicle being driven out of the gate at high speed. She found her husband having been shot. She together with others made haste to Aga Khan Hospital where her husband later died in the morning of 11^th December 2008. On 14^th January, 2009, she was summoned to Kasarani Police Station and she identifie…