JOHN IRUNGU MACHARIA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, John Irungu Macharia, was tried by the High Court of Kenya at Nairobi (Apondi, J) with the aid of assessors (as the law then provided) on an 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 diverse dates between 11^th March, 2005 and 18^th March, 2005 in Nairobi within Nairobi area he murdered Catherine Njeri (the deceased).

The trial of the appellant in the superior court commenced on 13^th November, 2006. The prosecution presented 10 witnesses. The summary of the evidence before the court was that the appellant and the mother of the deceased, Elizabeth Nyawira Gitari (PW 1) (Elizabeth) were, at one time, in a romantic relationship. In her evidence before the superior court Elizabeth explained that the appellant was her boyfriend from August 2003 to 24^th October, 2004 when they broke up after the appellant attempted to commit suicide. …