JMM V. REPUBLIC

JUDGMENT OF THE COURT

JMM , 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 at Meru. The particulars of the charge were that on 13^th June, 2004 in Meru Central District within the then Eastern Province, the appellant murdered BK.

The prosecution called a total of 9 witnesses. It was the prosecution's case that the appellant and PW4, NN lived as husband and wife from the year 2002 until 2004; they were blessed with a son known as BK.NN testified that on the evening of 12^th June, 2004 the appellant beat her up on the ground that he had been advised by PW2, Douglas Mwenda (Douglas), to leave her and get another woman to marry in church. The appellant resumed beating up NN the following morning and threw her out of their home at around 6:00 a.m and refused to release to NN the child, BK, who was then a suckling 9 months old baby.

NN woke up PW7, AN (Agnes), who was a n…