HSJ..................... APPELLANT V. REPUBLIC..... RESPONDENT

JUDGMENT OF THE COURT

1. Domestic violence and murder most foul. The appellant and deceased were husband and wife. The key prosecution witness in this matter, (PW1 – SNH) was a child of the two.

2. The appellant was arraigned before the trial judge and charged with the offence of murder. The Information is that on the night of 2^nd and 3^rd day of December 2012 at an unknown time in Mumias District within Kakamega, he County murdered RMA.

3. The eye witness account to the murder was the testimony of PW1 (SNH). After voire dire examination, PW1 testified as follows:

I am SNH. I am in class two. I do not know my age. My mother (deceased) and I had gone to Shibale. Our father came and took us. Our father went out and took a stick. He then started assaulting our mother. He took a rungu and hit her. He then took a slasher, jembe (hoe) and a panga and injured her with a hoe. He then locked the door.

In the morning, his son by the name of I came and opened the door. I tried to wake up our mother bu…