MBOYA NDINDI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was tried by the High Court, Machakos with the aid of assessors on Information charging him with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He was alleged to have murdered one Ndingi Kimanzi who was his father on 20^th July, 2001 at Ivuuni village, Kitui District. He was convicted after trial and sentenced to death thereby precipitating the present appeal.

On 20^th July, 2001 Ndingi Kimanzi (deceased) left his home in the company of his wife Kavele Ndingi (PW1) (Kavele) and one of his sons for Emusi trading centre to meet Ndululu Luvilu (buyer) to whom he was selling a plot. He arrived at Emusi at about 8 a.m. and went straight to the kiosk of his son Mutambuki Ndindi (PW6) (Mutambuki) at the same trading centre. At about 12 noon the buyer arrived accompanied by his wife and one Ivyo Kithome – a witness to the transaction. The group sat under a shade outside Mutambuki’s kiosk and the buyer paid Shs.2,500/= …