JACOB MUCHOMBA BAIMUNYA V. REPUBLIC

JUDGMENT OF THE COURT

Jacob Muchomba Baimuya, the appellant herein was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, Chapter 63, Laws of Kenya in the High Court of Kenya at Meru (Lenaola, J.). The particulars of the offence were that on 6^th September, 2002 at Kiguru Location in Meru North District within the then Eastern Province, the appellant murdered Jeremiah Kirema (deceased).

The prosecution called a total of six witnesses. It was the prosecution's case that on 16^th August, 2002 PW1 (David Kimathi) (David) and the deceased underwent the rite of passage to manhood through circumcision. As per the Meru Custom freshly circumcised men were required to stay in seclusion for a certain period of time. Therefore, PW4 (Juanina Kangai) (Juanina) hired the appellant to nurse both David and the deceased in her home from the 16^th August, 2002 to the end of September, 2002 for an agreed fee of Kshs. 1,000/=. The appellant occupied a hut in…