JUDGMENT OF THE COURT
Margaret Wamuyu Wairiuko, the appellant herein, was charged with murder contrary to section 203 as read with section 204 of the Penal Code, the particulars of the charge being that on the 10th day of October, 2002 in Kamburaini village, in Nyeri District of the Central Province, the appellant murdered Joseph Wairiuko Kimani.
The trial of the appellant commenced on 23rd June, 2004 before Khamoni, J. The prosecution called eight witnesses. The appellant was the wife of the deceased and the two lived with their three children – two teenage boys and a young daughter. In that homestead there was the main house in which the appellant and the deceased slept in one room while the small girl slept in a separate room. There was then a separate house in which the two sons slept. There was a kitchen which was separate from the main house. Evidence was led to the effect that during the night of 9th and 10th October, 2002 the appellant, the deceased and their three children, as …