JAMES LOVE MWANGANGO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, James Love Mwangango was convicted by the superior court (Apondi, J.) for the murder of his girlfriend, Stella Njeri Kibaki (the deceased) contrary to section 203 as read with section 204 of the Penal Code. He is alleged to have done so on 18^th February 2005 at Kimathi Estate House No. F37 in Nairobi.

The prosecution case was that on 18^th February 2000 at around 1.50 p.m. the appellant went to Kimathi Estate and asked for the deceased who lived in house No.F37. At the main gate, the appellant enquired if the deceased was in her house but when the watchman answered that he was not sure that the deceased was in her house, the appellant nonetheless proceeded to the deceased’s house leaving the watchman at the main gate. A few moments later, the deceased accompanied by her mother came to the estate and upon the watchman informing the deceased that he had seen the appellant coming in but had not seen him go out, the deceased told the watchman that if he e…