ELIZABETH MWIYATHI SYENGO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant ELIZABETH MWIYATHI SYENGO appeals to this Court against her conviction for the murder of LENAH MUNYAO. She also appeals against the sentence of death imposed on her by the learned trial judge (Lenaola, J.) on 29.4.09.

The particulars of the charge that led to the appellant’s conviction and sentence aforesaid, as contained in the information dated 30.1.0, are that on 27.2.01 at Mwitiki Location in Kitui District of the Eastern Province, the appellant murdered the deceased.

The prosecution case in a nutshell was that on the material morning the deceased, then heavily pregnant, was at her home where she lived with BENEDICT MUNYAO CHENGO (PW3), her husband of one year. He had left at 7.00am for Kalinga Primary School where he was a teacher. At about 10.00am, the deceased received a visitor who came not in peace. That visitor, identified by EUNICE WAYUA MASUMBE (PW2) as the appellant, was seen coming out of the couple’s house in hot pursuit of the deceased.…