JUDGMENT OF THE COURT
The facts of this appeal reveal an intricate murder of the deceased, Patrick Ndung’u Kariuki.
On 22nd July 2009, SP. Maxwel Otieno (P.W.15) (SP. Otieno) received a report from Grace Gathoni (P.W.2) (Grace) (the deceased’s wife/girlfriend) and Jane Wanjiku (P.W.12) (Jane) that Patrick Ndungu Kariuki, (the deceased) was missing. According to Grace, she had last seen the deceased on 21st July, 2009 at 6.30 p.m in Ngara estate when the deceased left her to go to town on account that his friend, Hannington Mbaka alias Daudi had called him requesting for bus fare to go to Embu. She had not seen the deceased since then and that all phone calls to the deceased were going unanswered. Jane, the deceased’s associate in the sale of gemstones stated that she had called the deceased at around 8.30 p.m on 22nd July, 2009 but before they could converse the deceased informed her that he had been abducted by 3 people. The deceased later sent a text message to Jane informing her that…