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JUDGMENT OF THE COURT
Jackline Vidanya Baraza, the Appellant herein, was tried before Lesiit, J. on an Information that had charged her with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the Information were that on 1st February, 2008 at Golden Gate Estate, Industrial Area, within Nairobi, the Appellant murdered Munax Ashok Kumar Dave (hereinafter “the deceased”).
The appellant pleaded not guilty and the prosecution called a total of eight witnesses. The facts that the High Court relied upon are as follows:
The appellant was a house-help employed by the deceased, and her family. She had worked with the deceased for nine months until the fateful day of the deceased’s brutal murder. The appellant’s routine was to report to work at 8.00 am daily, and leave at 4.00 pm. Among the duties she performed, were to open and shut the gates of the house upon the entry or departure of the deceased’s family members. On the fateful…