JUDGMENT OF THE COURT
RASHID THOMAS, the appellant, was tried on an Information which charged him with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the Information were that on 12th December, 2005 at Mtepeni village, Mtwapa Location in Kilifi District of the Coast Province murdered Mariam Kahindi, the deceased.
It was the prosecution case that the appellant and Kadzo Nyangi (PW1), the mother of the deceased, were lovers. On the material day PW1 and the deceased who was aged 31⁄2 years were picked up by the appellant and they went to spend the night in his one roomed house. During the night the appellant picked a quarrel with PW1 accusing her of aborting his child. The appellant picked the deceased and with a great force sat on her four times as PW1 protested and screamed. It would appear that the deceased died on the spot. The appellant threatened PW1 with harm should she disclose how the deceased met her death.