JUDGEMENT OF THE COURT
The three appellants George, Karanja Mwangi (1st), Francis Karanja Kamau (2nd) and Marcellinus Muchoki Kamau (3rd), were convicted by the High Court sitting at Nyeri, (Patel J), of the murder, on the night of 9th/10th April 1982, of a woman named Muthoni Thegeya at Kambirwa village in Muranga District of the Central Province. They were sentenced to death and have each appealed against conviction and sentence.
Muthoni, had three children Paul Maina, Nyambura and Mwangi aged 25, 18 and 5 years respectively, who all lived with her. The 1st appellant, George, who lived with the Muthoni’s, was the son of Muthoni’s brother, called Vincent Mwangi Thegeya. All the three children of Muthoni, the evidence on record revealed, were murdered that same night and buried with their mother in one mass grave, in their potato garden. Their death was discovered on 13th April 1982.
On the morning of 9th, a neighbour, Wanjiku (P W 1), saw the deceased and her children alive at their hou…