JAMES GITHINJI NDUNGU V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, James Githinji Ndungu, was tried by the High Court of Kenya at Nakuru (Kimaru, J) with the aid of assessors (as the law then provided), on Information which charged him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the Information were that on the night of 3^rd and 4^th November, 2003 at Kwa Amos Centre, Bahati, in Nakuru District, he murdered Elizabeth Waithera Mwangi (the deceased).

The trial of the appellant in the High Court commenced on 17^th October, 2005. The prosecution presented ten witnesses. The summary of the evidence before the court was that the deceased and her grandson, David Mwangi (PW2) (David), then aged 14, lived in the same house and slept in separate bedrooms, divided in between by the sitting room. The kitchen was outside the main house. On that fateful night of 3^rd November, 2003, David and the deceased had dinner together, and at about 9.00 p.m. David left the kitche…