DAVID MURIUKI WAITA V. REPUBLIC

JUDGMENT

1. The appellant, David Muriuki Waita, was arraigned before the Senior Resident Magistrate’s Court at Karatina and charged with attempted murder contrary to section 220(a) of the Penal Code. The particulars of the offence were that on the 11th day of September 2008 at Muthua Estate Karatina in Nyeri North District within Central Province, he attempted unlawfully to cause the death of Rhoda Wairimu Muriuki by cutting her several times on the head and hands and locking her inside the house.

2. The brief facts of the case are that, on 11th September 2008, the complainant, PW1, was attacked by her husband, DW1, at their home in Muthua. DW1 cut PW1 on her head and severed both of her arms in the presence of their child of tender years. The attack led to the arms of PW1 being surgically amputated.

3. After the appellant was apprehended and charged, the prosecution called a total of 8 witnesses. PW4, a minor son to the complainant, corroborated the testimony of the complainant by stating that o…