FAITH LUCAS V. REPUBLIC

JUDGMENT OF THE COURT

The appellant herein, Faith Lucas, was initially charged jointly with three others with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on unknown date between 15^th October and 18^th November, 2004 at Parani village in Mtwapa, the appellant and three others jointly murdered Muthoni Muthusi. The appellant’s co-accused were, however, acquitted on 10^th November, 2005 for want of sufficient evidence.

The facts of the case against the appellant may be briefly stated. The appellant and her husband Lucas Maitha sought the help of Jembe Ngole (PW4) to identify for them a piece of land to buy. Jembe approached Kaingu Konde (the 2^nd accused in the trial before the superior court) who agreed to sell a parcel of land to the couple. After this transaction the appellant and her husband settled on the said piece of land and as if to assert their ownership built on it. One day a neighbour known as Si…