JOHN MACHARIA GACHANJA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant in this appeal John Macharia Gachanja married Phyllis Wanjogu Kanyi (PW3) on 3^rd November 2002. Before her marriage, Phyllis had given birth to the deceased, Elizabeth Wanja on 16^th August 2002. Phyllis stated in her evidence in the superior court that at the time the two got married the appellant accepted the deceased although she was not sired by him. Later however, Phyllis said the appellant was not happy with the deceased and that occasioned misunderstanding between her and the appellant to the extent that Phyllis went back to her father’s home. She took the deceased with her. On 13^th July 2003, at about mid-day, Phyllis took the deceased to her aunt, Eunice Njeri Memia (PW2) who lived about one kilometer away from her father’s home. She left the deceased there and she went to Kapten market. That was the last time she saw her daughter alive.

Eunice accepted to stay with the child. She gave the deceased food and the deceased went outside to play wi…