<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify"><em>Justis Onyaro Machuki, the appellant</em>, was charged with three counts of murder, count one being the murder of his brother <em>Ombui Machuki (first deceased)</em>, count two being the murder of his mother, <em>Bathseba Ombui Machuki,</em> <em>(second deceased)</em> and count three for the murder of his wife, <em>Joyce Kerubo Oyaro</em> <em>(third deceased) </em>before the High Court at Kisii contrary to <em>section 203</em> as read with <em>section 204</em> of the <em>Penal Code</em>. The particulars of the offence were that on 20^th February 2005 at Kanyimba Sub Location Gucha District within the then Nyanza Province, in count (I) he murdered <em>Ombui Machuki </em>and in count II, he murdered<em> Bathseba Ombui Machuki. </em>A plea of not guilty was entered on behalf of the appellant and the prosecution called 5 witnesses.</p><p class="ql-align-justify">Briefly, the facts of the case are that on the 20^th February, 2005 at about 9.00pm, while asleep in her grandmother ’s kitchen, the appellant’s daughter <em>Lydia Oyaro, PW 5 (Lydia)</em> heard her mother screaming for help. When she went to th…</p>